BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 691
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          ASSEMBLY THIRD READING
          AB 691 (Gilmore)
          As Amended  May 4, 2009
          Majority vote 

           EDUCATION           7-0         APPROPRIATIONS      14-0        
           
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          |Ayes:|Nestande, Ammiano,        |Ayes:|De Leon, Nielsen,         |
          |     |Arambula,  Carter, Eng,   |     |Ammiano,                  |
          |     |Miller, Torlakson         |     |Charles Calderon, Davis,  |
          |     |                          |     |Duvall, Fuentes, Hall,    |
          |     |                          |     |Harkey, Price, Skinner,   |
          |     |                          |     |Solorio, Audra            |
          |     |                          |     |Strickland, Torlakson     |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Authorizes the Alpaugh Unified School District (AUSD),  
          beginning in the 2010-11 fiscal year, to operate one or more  
          schools in the school district on a four-day school week if the  
          district complies with the instructional time requirements and  
          other requirements for operating a four-day school week.   
          Specifically,  this bill  :  

          1)Provides that if any school in the AUSD operating a four-day  
            school week fails to meet its Academic Performance Index (API)  
            growth target for two consecutive years, the authority of that  
            school to operate a four-day school week shall be permanently  
            revoked.

          2)Authorizes the Superintendent of Public Instruction (SPI) to  
            waive minimum time and five-consecutive-day program operating  
            requirements for preschools, before and after school programs,  
            independent study programs, child nutrition and food service  
            programs, community day schools, regional occupational centers  
            or programs, and continuation high schools that operate on a  
            four-day school week.

          3)Requires the SPI to reduce the AUSD's base revenue limit  
            funding by amounts the district received in instructional time  
            incentive funding, adjusted for cost-of-living since the  
            inception of the incentive, if the district does not maintain  
            180 days in a school year and provide the instructional time  








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            required under current law.

          4)Specifies that if the AUSD operates one or more schools on a  
            four-day school week, the school district shall submit a  
            report to the California Department of Education (CDE), the  
            Senate Committee on Education and the Assembly Committee on  
            Education on or before January 15, 2015.  The report shall  
            include, but not necessarily be limited to, information on the  
            following:

             a)   Programs the AUSD offered on the fifth day and their  
               participation rates;

             b)   Whether the four-day school week schedule resulted in  
               any fiscal savings;

             c)   Impact on overall attendance of the schools operating a  
               four-day school week; 

             d)   Programs for which the SPI waived minimum time and  
               five-consecutive-day requirements and the operational and  
               educational effect of the programs if they operated at less  
               time than required;

             e)   Impact on city crime statistics where the schools  
               operating a four-day school week are located, especially on  
               the day on which there is no school; and, 

             f)   Information on the API for every year schools in the  
               district operated a four-day school week, including, but  
               not necessarily limited to, the base and growth API and  
               whether the schools met API growth targets.

          5)Sunsets on January 1, 2016, and as of that date is repealed,  
            unless a statute enacted before January 1, 2016 deletes or  
            extends that date.

          6)Finds and declares that the enactment of special law is  
            necessary due to the unique circumstances applicable to the  
            AUSD.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, no additional cost to the state General Fund (GF).   
          There may be potential GF/Proposition 98 savings, if AUSD's base  








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          revenue limit is reduced (at the discretion of the SPI) due to  
          the district not meeting instructional minute and day  
          requirements. 

           COMMENTS  :   Prior to 1983, school districts were required to  
          operate schools for five days and 175 days per year.  The  
          Hughes-Hart Educational Reform Act of 1983 (SB 813, Chapter 498,  
          Statutes of 1983) offered incentive funding for districts to  
          offer 180 days of instruction each year.  Current law authorizes  
          seven districts to operate on a four-day school week.  According  
          to the CDE, only two districts, Pacific Unified School District  
          (Monterey County) and Leggett Valley Unified School District  
          (Mendocino County), operate on a four-day school week schedule,  
          mainly due to extreme weather or geographic conditions.  Pacific  
          Unified's school year is 148 days and Leggett Valley operates  
          between 142 and 166 days depending on the grade level.  The  
          other districts, despite having received authorization, have  
          chosen to continue operating on a five-day school week schedule.  
           

          This bill authorizes the AUSD to operate on a four-day school  
          week schedule.  According to the district, Alpaugh, an  
          agricultural community with a population of approximately 800,  
          is located in the now-dry Tulare Lake Basin situated between  
          Interstate 5 and Hwy 99, roughly 55 miles northwest of  
          Bakersfield and 50 miles southwest of Visalia.  The district has  
          an enrollment of 350 students, 90% of whom are Latino and 60% of  
          whom are English Learners.  The AUSD does not have geographical  
          or weather challenges that prior districts that received similar  
          authorization have.  

          AUSD offers the following explanations for seeking a four-day  
          school week authorization:

          1)Teacher recruitment and retention:  According to the district,  
            teacher recruitment and retention is a challenge.  The  
            district employs 22 teachers who live in nearby towns between  
            20 to 60 miles away.  In 2005-06, the teacher turnover rate  
            was 70% over a year's time, due to mid-year departures,  
            resignations, and non re-elects.  The four-day school week  
            will reduce staff travel time by 20%, result in less fuel  
            expenses and wear and tear on their vehicles, lower insurance  
            rates, while reducing greenhouse gasses and mitigating ongoing  
            pollution.  The district also believes a four-day school week  








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            will attract teachers to work in the district.  Since January,  
            the district hired five new teachers who cited the potential  
            of a four-day school week as a reason for their interest in  
            teaching in AUSD.

          2)Reduce staff and pupil absences:  The district believes a  
            four-day school week will result in a decrease in staff and  
            pupil absenteeism, which would reduce expenses for substitute  
            teachers and increase average daily attendance between 2-3%.

          3)Student preference:  The districts surveyed students and found  
            that they prefer a four-day schedule, which would enable them  
            to complete school assignments, time to have a job to support  
            their families, time to spend with their parents and siblings,  
            and an additional day to participate in other educational  
            activities such as college or career technical education.

          4)Fiscal solution:  Any savings generated from lower utility  
            bills, staff efficiency, and the reallocation of resources is  
            applied directly to the current and looming funding  
            shortfalls.  The financial savings have the potential to help  
            offset the ongoing deficit the district currently face, and  
            help provide financial stability.

          Current law does not indicate the intent or reasons for  
          authorizing districts to operate one fewer day a week.  Most of  
          the prior approvals were made due to climate and geographical  
          conditions that result in long and/or treacherous bus rides to  
          and from school.  AUSD is seeking a four-day school week  
          schedule for teacher recruitment and retention purposes.

          This bill, like other four-day school week bills, raises  
          important questions regarding the purpose for authorizing  
          four-day school week schedules.  Should the Legislature limit  
          such authorizations to districts experiencing extreme climate  
          and geographical conditions?  Are fiscal conditions or other  
          motivations such as teacher recruitment and retention good  
          policy reasons for eliminating one school day per week?  In  
          order to meet minimum instructional time requirements, districts  
          operating a four-day school week schedule would have to lengthen  
          instructional time in a day.  What are the effects of a longer  
          school day on pupils, teachers and parents?  Would students  
          learn just as much with one extra hour per day for four days  
          versus a regular school day during the fifth day?  What are the  








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          impacts on pupils, teachers and parents on the day school is  
          closed?  Do parents have child care for the day school is out?   
          Is providing an opportunity for students to work a good policy  
          reason to reduce the school week by one day?

          Nationally, four-day school week schedules began in mostly rural  
          areas due to long travel time to and from school.  There are  
          more than a dozen states that have experimented with a longer  
          day, shorter week schedule.  Reports from those experiences have  
          been mixed.  

          According to the author, AUSD "faces challenges unique to rural,  
          small districts in our state?.Energy, food service and  
          transportation are costly while teacher recruitment and  
          retention is no easy feat.  A four-day school week allows rural  
          districts such as Alpaugh to recruit and retain educators by  
          offering the benefit of a shortened week that very few schools  
          have the opportunity to do.  The passage of AB 691 will allow  
          Alpaugh Unified School District to not only save and [sic]  
          estimated 20% in operating costs, but provide an incentive for  
          greater recruitment and retention of teachers with its flexible,  
          family-friendly schedule."

          AB 868 (V. Manuel Perez), pending in the Assembly, provides the  
          same four-day school week authorization to the Palo Verde  
          Unified School District.
           

          Analysis Prepared by  :    Sophia Kwong Kim / ED. / (916) 319-2087  
                                                       
                                                                 FN:  
          0000933