BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: AB 317
AUTHOR: Solorio
AMENDED: January 15, 2010
FISCAL COMM: Yes HEARING DATE: May 5, 2010
URGENCY: Yes CONSULTANT:Daniel Alvarez
SUBJECT: School attendance: H1N1 (2009) influenza virus.
KEY POLICY ISSUE
Should the state provide emergency credit to school
districts, in 2009-10 and
2010-11, for lost ADA as a result of pupil absences from the
H1N1 (2009) virus ?
SUMMARY
This bill, an urgency measure, deems an epidemic to exist,
for the purpose of granting emergency credit for lost average
daily attendance (ADA) as a result of pupil absences due to
the H1N1 (2009) influenza virus, as specified, in any public
elementary or secondary school.
BACKGROUND
The state provides funding for school districts that is, in
part, based on ADA, where regular ADA is equal to the average
number of pupils actually attending classes who are enrolled
for at least the minimum school day under the supervision of
a certificated employee of the school district. Since,
1998-99, excused absences no longer count toward ADA.
(Education Code 46000 et. al.)
Current law, authorizes the Superintendent of Public
Instruction (SPI), for the purposes of calculating funding
whenever ADA has been materially decreased as a result of an
emergency related to fire, flood, impassable roads, an
epidemic, an earthquake, a major safety hazard, a
transportation strike, or an order related to war or civil
disorder, to credit a local educational agency (LEA) with the
approximate ADA that would have been credited to the LEA had
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the emergency not occurred.
Current law specifies even under a state of emergency, ADA
losses shall not extend into the next fiscal year following
the declaration of the state of emergency by the Governor,
except upon showing to the SPI that extending the period into
the next fiscal year is essential to alleviate continued
reductions in ADA attributable to the state of emergency. (EC
46392)
Defines, in regulation, a material decrease in ADA for the
purposes of granting emergency credit to occur when at least
ten percent of the students who would normally attend a
school do not attend on any one day.
ANALYSIS
This bill , an urgency measure, deems an epidemic to exist,
for the purpose of granting emergency credit for lost average
daily attendance (ADA) as a result of pupil absences due to
the H1N1 (2009) influenza virus, as specified, in any public
elementary or secondary school for the 2009-10 and 2010-11
fiscal years. Specifically, this bill:
1) Specifies that any decrease in ADA resulting from a
pupil absence related to the H1N1 (2009) influenza virus
is a material decrease for the purposes of granting
emergency credit for lost ADA or for meeting the 175-day
school year requirement.
2) Defines pupil absence related to the H1N1 virus as,
including, but not necessarily limited to, both of the
following:
a) an absence of a pupil who has tested positive
for the H1N1 virus, and
b) an absence of a pupil who has not tested
positive for the H1N1 virus, but whose reason for
absence is consistent with the symptoms of the H1N1
virus.
1) Defines "H1N1 (2009) influenza virus" as the virus
also commonly known in 2009 as "pandemic influenza" or
"swine flu."
STAFF COMMENTS
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1) Is this bill necessary ? According to the author's
office, there is a vital need for school districts to
maintain their projected funding level. This year, as a
result of the deep national recession and the state
budget shortfalls, school districts have already
experienced sharp cutbacks in funding. Now that schools
are experiencing larger than normal student absences as
a result of the H1N1 virus, it is expected that school
funding will be further reduced, which will only hurt
educational opportunities for all students.
Staff notes that in April 2009, the Governor proclaimed
a state of emergency relating to the spread of the H1N1
virus. Generally, states of emergency are invoked for a
given fiscal year, in this case 2008-09. This activated
the authority of the SPI to provide emergency ADA
credit. It has come to the attention of staff that the
SPI has extended the provision of emergency ADA credit
for absences related to H1N1 into the 2009-10 fiscal
year consistent with current law ( EC 46392 (b) - see
background note above), thereby diminishing the need for
a change in statute for the current 2009-10 fiscal year.
2) Prospective relief from H1N1 pupil absences ? There is
no data or information that shows the H1N1 virus will
have a significant future impact on a schools' pupil
attendance. However, with the vast amounts of
information provided by school districts, local public
health agencies and the federal government on the
prevention and mitigation of spreading the virus - such
as washing hands, and covering noses and mouths while
coughing - the intended effect of reducing the spread of
the virus could occur and not have a material effect on
school pupil attendance.
Therefore, is it in the best interest of the state to
signal the provision of prospectively granting emergency
credit for lost average daily attendance (ADA) due to
H1N1 (or H1N1 like symptoms) for the 2010-11 fiscal
year?
Staff recommends the bill be amended to specify that the
granting of emergency ADA credit is for the 2009-10
fiscal year only, and strike reference to the "2010-11
fiscal year."
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3) What is H1N1 (2009) influenza ? According to the
California Department of Public Health (CDPH), the H1N1
Flu (2009 H1N1 influenza virus) is a type of influenza
virus that causes respiratory disease that can spread
between people. While most people who have been sick
have recovered without needing medical treatment,
hospitalizations and deaths from infection with this
virus have occurred.
The spread of H1N1 flu occurs in the same way that
seasonal flu spreads. The flu viruses are spread mainly
from person to person through coughing or sneezing by
people with influenza. Sometimes people may become
infected by touching something, such as a surface or
object, with flu viruses on it and then touching their
mouth or nose. The symptoms of H1N1 flu are similar to
the symptoms of seasonal flu and include fever, cough,
sore throat, body aches, headache, chills and fatigue.
4) H1N1 in California . According to the CDPH, students are
at high risk for getting the H1N1 flu. Children and
adolescents are efficient spreaders of this kind of flu.
Students are packed close to each other in classrooms so
schools may act as a point of spread, where students can
easily spread flu to other students and their families.
The CDPH states, so far, with H1N1 flu, the largest
number of cases has been in people between 5 and 24
years of age.
CDPH indicates the reported number of cases of H1N1 flu
in California do not reflect how many actual cases there
may be in the state because individuals in outpatient
settings are no longer being tested for the presence of
the virus and many cases go undetected due to the mild
nature of the disease among most people. Laboratory
testing is limited to individuals with serious H1N1 flu
illness, including hospitalized patients, and those at
high risk for complications. CDPH data indicates in
California (all available data) between April 23, 2009
and April 3, 2010, there were 2,008 severe cases, 1,923
intensive care unit cases, and 546 deaths attributed to
the H1N1 virus.
5) Executive proclamations and orders related to H1N1 . In
April 2009, the Governor proclaimed a state of emergency
related to limiting the spread of H1N1 (swine flu) as
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quickly and effectively as possible. The proclamation,
among other things, ordered state agencies and
departments to assist in activities to prevent or
alleviate illness and death, and relax contracting
requirements, as specified.
In October 2009, the Governor issued an executive order
to provide the state the flexibility for departments to
again relax contracting provisions in order to obtain
goods and services to fight the spread of the H1N1
virus. However, the proclamation and executive order
did not require any specific action on the part of local
educational agencies.
SUPPORT
California Association of School Business Officials
California Association of School Psychologists
California School Boards Association
California School Employees Association
Clovis Unified School District
San Francisco Unified School District
OPPOSITION
None received.