BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   AB 691|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 691
          Author:   Gilmore (R), et al
          Amended:  7/23/09 in Senate
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  8-0, 7/15/09
          AYES:  Romero, Huff, Alquist, Hancock, Liu, Padilla,  
            Simitian, Wyland
          NO VOTE RECORDED:  Maldonado

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           
          ASSEMBLY FLOOR  :  74-3, 5/28/09 - See last page for vote


           SUBJECT  :    Alpaugh Unified School District:  four-day  
          school week

           SOURCE :     Author


           DIGEST  :    This bill authorizes the Alpaugh Unified School  
          District, 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. 

           ANALYSIS  :    Existing law authorizes the Pacific Unified  
          School District, the Leggett Valley Unified School  
          District, the Reeds Creek Elementary School District, the  
          Potter Valley Community Unified School District, the  
                                                           CONTINUED





                                                                AB 691
                                                                Page  
          2

          Borrego Springs Unified School District, the Julian Union  
          Elementary School District, the Julian Union High School  
          District, and the Warner Unified School District to operate  
          one or more schools in their districts on a four-day school  
          week, so long as those school districts comply with  
          specified requirements, including the annual provision of  
          at least 560 hours of instructional time for kindergarten,  
          700 hours of instructional time for grades 1, 2, and 3, and  
          845 hours of instructional time for grades 4 to 8,  
          inclusive.

          This bill:

          1. Provides that if any school in the Alpaugh Unified  
             School District (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 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 Education Committee and the  
             Assembly Education Committee on or before January 15,  
             2015.  The report shall include, but not necessarily be  
             limited to, information on the following: 







                                                                AB 691
                                                                Page  
          3


             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. 

             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. 

           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 (Hart),  
          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  







                                                                AB 691
                                                                Page  
          4

          (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 AUSD, 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 AUSD  
          has an enrollment of 350 students, 90 percent of whom are  
          Latino and 60 percent of whom are English Learners.  The  
          AUSD does not have geographical or weather challenges that  
          prior districts that received similar authorization have. 

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

          1.  Teacher recruitment and retention  .  According to the  
             AUSD, teacher recruitment and retention is a challenge.   
             The AUSD employs 22 teachers who live in nearby towns  
             between 20 to 60 miles away.  In 2005-06, the teacher  
             turnover rate was 70 percent 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 percent, result in less fuel expenses and wear and  
             tear on their vehicles, lower insurance rates, while  
             reducing greenhouse gasses and mitigating ongoing  
             pollution.  The AUSD also believes a four-day school  
             week will attract teachers to work in the district.   
             Since January, the AUSD hired five new teachers who  
             cited the potential of a four-day school week as a  
             reason for their interest in teaching in the AUSD. 

          2.  Reduce staff and pupil absences  .  The AUSD 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 two to three percent. 








                                                                AB 691
                                                                Page  
          5

          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. 

          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." 

           Related legislation  .  AB 868 (V. Manuel Perez) provides the  
          same four-day school week authorization to the Palo Verde  
          Unified School District.  The bill is in the Senate  
          Education Committee.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/18/09)

          Alpaugh Unified School District
          Association of California School Administrators
          California School Board 


           ASSEMBLY FLOOR  : 







                                                                AB 691
                                                                Page  
          6

          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Caballero, Charles Calderon, Carter, Chesbro, Conway,  
            Cook, Coto, Davis, De La Torre, De Leon, DeVore, Duvall,  
            Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,  
            Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,  
            Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,  
            Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal,  
            Ma, Miller, Monning, Nava, Nestande, Niello, Nielsen, V.  
            Manuel Perez, Portantino, Price, Ruskin, Salas, Saldana,  
            Silva, Skinner, Smyth, Solorio, Audra Strickland,  
            Swanson, Torlakson, Torres, Torrico, Tran, Villines,  
            Yamada, Bass
          NOES:  Brownley, Mendoza, John A. Perez
          NO VOTE RECORDED:  Buchanan, Huffman, Krekorian


          DLW:mw  8/18/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****