BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 691
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 691 (Gilmore)
          As Amended  July 23, 2009
          Majority vote
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |74-3 |(May 28, 2009)  |SENATE: |36-0 |(August 31,    |
          |           |     |                |        |     |2009)          |
           ----------------------------------------------------------------- 
            
           Original Committee Reference:    ED.

            SUMMARY  :  Authorizes the Alpaugh Unified School District (AUSD),  
          beginning in fiscal year 2010-11, 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 State Board of Education (SBE) 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 Superintendent of Public Instruction (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  
            Committee on Education and the Assembly Committee on Education  
            on or before January 15, 2015.  The report shall include, but  







                                                                  AB 691
                                                                  Page  2

            not necessarily be limited to, information on the following:

             a)   Programs the AUSD offered on the fifth schoolday 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 school otherwise be in session; 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.  

           The Senate amendments  authorize the SBE, rather than the SPI, to  
          waive minimum time and five-consecutive-day program operating  
          requirements for specified programs in schools operating on a  
          four-day school week, and make minor, technical changes.

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar to  
          the version passed by the Senate.

           FISCAL EFFECT  :  According to the Senate Appropriations Committee,  
          pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :   Prior to 1983, school districts were required to  
          operate schools for five days and 175 days per year.  The  







                                                                  AB 691
                                                                  Page  3

          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 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%.








                                                                  AB 691
                                                                  Page  4

          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 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,  







                                                                  AB 691
                                                                  Page  5

          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."


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


                                                                 FN: 0002326