BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 868
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          Date of Hearing:   April 22, 2009

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
             AB 868 (V. Manuel Perez) - As Introduced:  February 26, 2009
           
          SUBJECT  :   Four-Day School Week

           SUMMARY  :   Authorizes the Palo Verde Unified School District  
          (PVUSD) to operate one or more schools in the 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 PVUSD operating a four-day  
            school week fails to meet its Academic Performance Index (API)  
            growth target, 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 PVUSD'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 PVUSD 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 January 15, 2014.  The report shall include, but  
            not necessarily be limited to, information on the following:

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

             b)   Whether the four-day school week schedule resulted in  








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               any fiscal savings;

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

             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.

          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.

           EXISTING LAW  :

          1)Requires schools to provide for an instructional program five  
            days per week and for attendance-counting purposes, defines a  
            school month as 20 days or four weeks of five days each,  
            including legal holidays but excluding weekend makeup classes.

          2)Authorizes the following school districts to operate a  
            four-day school week:

             a)   Pacific Unified School District (Monterey County);
             b)   Leggett Valley Unified School District (Mendocino  
               County);
             c)   Reeds Creek Elementary School District (Tehama County);
             d)   Borrego Springs Unified School District (San Diego  
               County);
             e)   Julian Union High School District (San Diego County);
             f)   Warner Unified School District (San Diego County); and,
             g)   Potter Valley Community Unified School District (PVCUSD)  
               (Mendocino County) (until January 1, 2015).

          3)Authorized Jamul-Dulzura Union Elementary School District (San  
            Diego County) and Marysville Joint Unified School District  
            (Yolo County), from January 1, 2004 to July 1, 2006, and  
            authorized Death Valley Unified School District (Inyo County),  
            until July 1, 2008, to operate a four-day school week.

          4)Provides that participating school districts may only operate  
            four-day school weeks if they reach mutual agreement to the  
            operation in a memorandum of understanding with their  
            collective bargaining units.








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          5)Requires a school site council to be involved in the planning  
            and evaluation of a four-day school week.

          6)Requires a school district to consider the impact of the  
            longer school-day on primary grade pupils, and the impact of  
            the four-day school week on working parents who may be  
            required to arrange for additional childcare services.

          7)Requires a participating school district to provide on an  
            annual basis not less than 560 hours of instructional time for  
            kindergarten, not less than 700 hours for grades 1, 2, and 3,  
            and not less than 845 hours for grades 4 through 12.

          8)Prohibits a school day from exceeding eight hours and a school  
            week from being less than four days. 

          9)Specifies that a school district operating in a four-day week  
            cannot receive longer day and year incentive funding if the  
            instructional offering of the school district is not at least  
            180 days in length and provides the minimum instructional  
            minutes required by existing statute.

          10)Provides that if the Borrego Springs Unified School District,  
            Julian Union High School District, Warner Unified School  
            District, Death Valley Unified School District, Jamul-Dulzura  
            Union Elementary School District, Marysville Joint Unified  
            School District, and PVCUSD do not meet their Academic  
            Performance Index (API) growth targets, the authority to  
            operate a four-day school week shall be permanently revoked.

          11)For PVCUSD, 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.

          12)Specifies that if the PVCUSD 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 January 15, 2014.  








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           FISCAL EFFECT  :   Unknown

           COMMENTS  :   Prior to 1983, school districts were required to  
          operate schools for five days per week 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 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.  

           Palo Verde Unified School District  .  According to the author,  
          "Palo Verde Unified School District (PVUSD) is a small school  
          district with a current student enrollment of 3,674 students.  
          PVUSD is located in the City of Blythe- a remote community with  
          a population of about 8000. The closest major cities are Yuma,  
          Arizona (85 miles) and Palm Springs, CA (110 miles). 

          "According to the City of Blythe's Planning Department, there  
          are four major employers in the city of Blythe: two state  
          prisons, the City of Blythe, the school district, and the  
          agricultural sector. The City of Blythe reports that most  
          employees of both state prisons and the City of Blythe are now  
          on a 4-day work week in order to reduce administrative and  
          operational costs. The majority of parents of students in Palo  
          Verde USD are working 4-day work weeks. Due to Blythe's rural  
          and remote location, parents often use their day-off to take  
          students to out of town medical appointments, for weekend trips,  
          and/or to do family errands. As a result, the district  
          experiences high absentee rates on these days with many students  
          missing a full day of classroom instruction. The result is lost  
          hours of instruction and a decrease in the school's ADA  
          revenues. The school district would like to move to a schedule  
          that more closely reflects the local employers' calendars in  
          order to improve student attendance with the ultimate goal of  
          improved student achievement." 









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          The PVUSD reports that for the 2008-09 fiscal year, the average  
          daily attendance (ADA) for Fridays is 92.85% district wide while  
          the weekly average ADA is at 94%.  The PVUSD estimates losing  
          around $180,000 from the longer day, longer year incentive  
          funding, but anticipates making up the loss of funds through  
          increased ADA revenue.  The PVUSD intends to increase an  
          elementary school day by 45 minutes and the secondary school day  
          by 79 minutes.

          The provisions of AB 868 are virtually identical to AB 1889,  
          Chapter 661, Statutes of 200, which authorize the PVCUSD to  
          operate a four-day school week, except that AB 868 sunsets on  
          January 1, 2016 while AB 1889 sunsets on January 1, 2015.  

          In the past, this Committee has applied the following criteria  
          to school districts seeking approval for this option: 

           Experiences extremes of climate and geography.
           Serves a widely dispersed population requiring long travel  
            times for significant number of students in the school  
            district.
           Demonstrates the expected benefits to the school(s) and  
            students of operating on shorter school week and instructional  
            year.
           Has considered and addressed concerns about possible negative  
            consequences of a longer school day and shorter week on  
            employees, students and families.
           Is held to the requirements of existing law governing those  
            school districts already operating schools on a four-day week.

           Effects of a four-day school week  .  The Christian Science  
          Monitor reported in March 2004 on the use of four-day school  
          weeks in other states.  The key points from the article are  
          summarized below:

          1)Mostly rural school systems in twelve states are experimenting  
            with the shorter week, finding that lengthening the school day  
            by an hour or more and knocking off Monday or Friday saves  
            money on things like transportation and heating.
            
          2)While monetary savings may result from reducing the school  
            week by one day, there are other costs associated with a  
            four-day week, including longer, possibly more tiring days in  
            class, and difficulty finding day care during the "off" day  
            for children whose parents work outside the home.








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          3)Reviews of the program are mixed and research is scanty on  
            whether cost savings are significant and if students suffer  
            academically.

          4)Both student and teacher attendance seems to be higher when on  
            a four-day week schedule.

          5)One superintendent is quoted as saying, "In order to make the  
            economics work it's really necessary that you be a widely  
            disbursed operation with extreme climate swings, so that  
            closing a building down for a day means something."

          The Fall 2007 issue of the Rural Educator, a publication of the  
          National Rural Education Association, contained an article  
          summarizing reports and studies on four-day school week  
          schedules and found that a four-day school week schedule:

          1)can result in energy savings, less gasoline and bus  
            maintenance, less food service costs, and salary savings from  
            a reduced need for classified employees and substitute  
            teachers;

          2)has not resulted in lower student scores for the districts  
            examined, except that scores in one middle school in New  
            Mexico did decline and the superintendent advocated a return  
            to the five-day school week schedule;

          3)has increased student attendance ranging from 2% to 5.8%; and,

          4)can lead to less teacher absenteeism -- teachers like the  
            shorter schedule because it provides time to make medical or  
            dental appointments and more time to prepare lessons plans.

          The article also reported that 42% of primary grade students in  
          Idaho reported that they got tired and that the day was too long  
          and 41% of parents were concerned that their children were more  
          fatigued, but only 24% of teachers believed that student and  
          teacher fatigue were greater.

          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  








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          motivations such as coordinating parent work schedules 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? 

           Related Legislation  .  AB 691 (Gilmore), also scheduled for this  
          committee hearing, authorizes the Alpaugh Unified School  
          District to operate one or more schools on a four-day school  
          week.  

           Prior Legislation  .  In addition to AB 1889, SB 1138  
          (Hollingsworth), Chapter 465, Statutes of 2004, authorizes  
          Borrego Springs Unified School District, Julian Union High  
          School District, Warner Unified School District, Jamul-Dulzura  
          Union Elementary School District, and Marysville Joint Unified  
          School District, to operate a four-day school week.

          AB 1820 (Maze), Chapter 481, Statutes of 2004, authorizes the  
          Death Valley Unified School District to operate a four-day  
          school week.

          SB 1142 (Chesbro), introduced in 2004, would have authorized the  
          Pacific Unified School District, Leggett Valley Unified School  
          District, and Reeds Creek Elementary School District to operate  
          for less than 180 days without penalty as long as the same  
          number of annual minutes of instruction is provided.  Governor  
          Schwarzenegger vetoed the bill stating that it would defeat the  
          objective of the incentive funding program. 

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California School Boards Association
          Dr. Alan Jensen, Superintendent, Palo Verde Unified School  
          District
          Kenneth M. Young, Riverside County Superintendent of Schools
          Small School Districts' Association









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           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Sophia Kwong Kim / ED. / (916) 319-2087