BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 868
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          ASSEMBLY THIRD READING
          AB 868 (V. Manuel Perez)
          As Amended May 4, 2009
          Majority vote 

           EDUCATION           9-0         APPROPRIATIONS      14-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Nestande, Ammiano,        |Ayes:|De Leon, Nielsen,         |
          |     |Arambula,                 |     |Ammiano,                  |
          |     |Carter, Eng, Garrick,     |     |Charles Calderon, Davis,  |
          |     |Miller, Solorio,          |     |Duvall,                   |
          |     |Torlakson                 |     |Fuentes, Hall, Harkey,    |
          |     |                          |     |Price,                    |
          |     |                          |     |Skinner, Solorio, Audra   |
          |     |                          |     |Strickland,               |
          |     |                          |     |Torlakson                 |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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  








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            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, 2015.  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  
               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  
            PVUSD.  

           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 PVUSD's  
          base revenue limit is reduced (at the discretion of the SPI) due  
          to the district not meeting instructional minute and day  








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          requirements. 

           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.  

          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 2008, which authorizes the Potter  
          Valley Community Unified School District to operate a four-day  
          school week, except that AB 868 sunsets on January 1, 2016 while  
          AB 1889 sunsets on January 1, 2015.  

          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.  PVUSD is seeking a four-day school week  
          schedule to coordinate with parents' work schedules.

          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 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? 

          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.  









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          AB 691 (Gilmore), pending in the Assembly, provides the same  
          four-day school week authorization to the Alpaugh Unified School  
          District.  


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



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