BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2013
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          Date of Hearing:   May 12, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  AB 2013 (Arambula) - As Amended:  April 27, 2010 

          Policy Committee:                              EducationVote:6-1

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill requires schools that enroll 100% of their pupils in  
          independent study (IS) programs to be included in the state's  
          alternative accountability system and makes changes to require  
          mandatory participation by all alternative schools, as  
          specified.  Specifically, this bill:  

          1)Requires schools to meet eligibility requirements established  
            by the Superintendent of Public Instruction (SPI) to be  
            included in the alternative accountability system.   

          2)Requires the alternative accountability system to include, but  
            not be limited to, the following: (a) a mandatory  
            accountability system; (b) a rigorous system that measures the  
            educational performance and learning outcomes of pupils; (c)  
            assurance that pupil outcomes are comparable statewide; and  
            (d) development of consequences and improvement plans for  
            schools with low pupil outcomes.  

          3)Requires the SPI to report to the Legislature by March 1, 2011  
            and January 1, 2012 on the data collected based on the revised  
            alternative accountability system.  This measure also sunsets  
            this reporting requirement on March 1, 2015.    

           FISCAL EFFECT  

          1)Annual GF/98 state reimbursable mandated costs, of at least $3  
            million, to local education agencies (LEAs) with alternative  
            schools under their jurisdiction to collect data required  
            under the alternative accountability system.  This assumes all  
            alternative schools are required to participate in the system.  
             Also, because the current system is voluntary, the state  








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            would be required to reimburse LEAs that already have schools  
            participating in the system.     

          2)GF/98 costs, likely in excess of $1 million, to the State  
            Department of Education (SDE) to develop an alternative  
            accountability system as required under this bill.  Over the  
            last few years, SDE has been working on revisions to the  
            current alternative school accountability model (ASAM) (see  
            comment #3 below).  The requirements in this measure may  
            necessitate them to halt this process and begin again.  

          3)GF administrative costs, likely between $600,000 and $750,000,  
            to SDE to support a mandatory alternative accountability  
            system, as specified.  This assumes all alternative schools  
            are required to participate in the alternative accountability  
            system.    

           COMMENTS  

           1)Background  .  K-12 pupils have several alternative education  
            options available to them other than traditional public  
            schools, including IS, continuation education, home and  
            hospital instruction, community day schools, juvenile court  
            schools, and diploma-plus high schools.  Many of these  
            alternative education options have specified requirements that  
            cause the pupil to attend one of these programs.  For example,  
            pupils in the criminal justice system are educated in a  
            juvenile court school.  

            Independent Study is an alternative instructional strategy,  
            not an alternative curriculum. It is a voluntary option chosen  
            by pupils, parents/guardians, or the school district. Pupils  
            can enroll in IS on a short-term, long-term, or full-time  
            basis.  For example, a pupil may take courses in a classroom,  
            in conjunction with some courses via independent study.   
            Students work independently, according to a written agreement  
            and under the general supervision of a credentialed teacher.  
            According to the SDE's website, "independent study students  
            follow the district-adopted curriculum and meet the district  
            graduation requirements.  [This program] offers flexibility to  
            meet individual student needs, interests, and styles of  
            learning."  School districts can operate IS as a program  
            within a school, or as stand-alone charter school.  According  
            to SDE, the IS option was utilized by 130,765 full-time K-12  
            pupils in 2007-08.  SDE also reports that 19,000 pupils  








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            enrolled in IS graduated from high school or passed a high  
            school equivalency exam in 2007-08.   

            Current law requires the SPI to establish an alternative  
            accountability system for schools under the jurisdiction of a  
            county board of education or county superintendent of schools,  
            community day schools, nonpublic schools, and alternative  
            schools serving high risk pupils (continuation high schools,  
            etc).  Statute also authorizes schools in the alternative  
            accountability system to receive an Academic Performance Index  
            (API) score, but not be included in the API rankings.   
            Participation in the alternative accountability system is  
            voluntary, unless a school enrolls 70% (at a minimum) of  
            high-risk pupils.   

            According to the author, "Students in alternative programs are  
            placed in what is presumed to be a 'better' fit but the weak  
            accountability measures makes it possible for students to fall  
            between the cracks unnoticed.  Districts must be held  
            accountable for students who are referred to alternative  
            programs yet ASAM makes accountability impossible. Current law  
            does not provide guidelines on what ASAM must measure.  
            [Statute] simply says that SDE must develop an alternative  
            accountability system for alternative programs."  This bill  
            requires schools that enroll 100% of their pupils in IS  
            programs to be included in the state's alternative  
            accountability system and makes participation in this system  
            mandatory, as specified.

           2)The ASAM  is a voluntary accountability program where  
            qualifying schools select 3 of 14 reporting indicators  
            measuring student learning readiness, transition, and academic  
            performance. Participating schools annually report on these  
            three indicators.  Schools select their reporting indicators  
            from a list adopted by the State Board of Education (SBE) in  
            2001.  

          The SBE also adopted a policy to require schools participate in  
            the ASAM (if they enroll a minimum of 70% of high risk  
            pupils).  This measure, however, requires the alternative  
            accountability system to be mandatory.  This language creates  
            confusion whether schools would be required to participate or  
            not (given the SBE policy).  The committee suggests the author  
            clarify this provision.  









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            ASAM serves more than 1,000 community day schools,  
            continuation schools, county community schools, county court  
            schools, Division of Juvenile Justice schools, opportunity  
            schools, and alternative schools of choice and charter schools  
            that meet the eligibility requirements approved by the SBE. It  
            is estimated that the total number of students annually served  
            by ASAM is approximately 450,000 (280,000 unduplicated)  
            primarily in grades 8-12.  According to SDE, over 1,000  
            schools participated in ASAM in 2008-09.   


            It may be difficult for IS programs to be included in the ASAM  
            because not all of these programs exclusively serve high risk  
            pupils (i.e., those enrolled in continuation schools, court  
            schools, etc.).  As referenced above, IS programs are offered  
            to pupils for a variety of reasons, including lack of course  
            offerings at a schoolsite.    

           3)ASAM workgroup to revise the system  .  For the last several  
            years, the ASAM subcommittee (established under the state's  
            accountability act), SDE, and WestEd have been working to  
            evaluate the feasibility of a revised ASAM system to more  
            accurately hold schools accountable and create a stronger  
            overall accountability system, including the use of the data  
            in high stakes accountability decisions.  

            In November 2008, the SBE approved a conceptual framework for  
            redesigning the existing ASAM system. The framework consists  
            of three types of indicators in the following areas: (a)  
            learning readiness, (b) academic achievement, and (c) program  
            transition.  At the beginning of the 2009-10 school year,  
            baseline data for these indicators was collected. ASAM schools  
            will be asked to collect attendance data if they do not do so  
            already. All other data for the revised ASAM will be gathered  
            from existing statewide databases.  According to SDE, it is  
            planning to present recommendations to the SBE in May 2011 for  
            a revised ASAM system based upon the results of 2009-10  
            baseline data results. 

           4)Governor's April 2010 proposal eliminates ASAM  .  The  
            Department of Finance (DOF) proposes to eliminate the ASAM and  
            fold alternative schools into existing federal accountability  
            reporting.  Specifically, DOF states "While the state permits  
            alternative schools to participate in an alternative  








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            accountability model to comply with state accountability  
            requirements, it is not required by state or federal law.   
            Under federal requirements established by the No Child Left  
            Behind Act of 2001, all alternative schools are required to  
            meet the same adequate yearly progress reporting criteria as  
            other mainstream schools."  As a result of this proposal, the  
            state would save approximately $775,000 in GF/98.


            


           

            

           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081