BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2434
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          Date of Hearing:   May 5, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  AB 2434 (Hernandez) - As Amended:  April 27, 2010 

          Policy Committee:                              EducationVote:6-3

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

           SUMMARY  

          This bill, commencing with the 2012-13 school year, requires a  
          school district maintaining any of grades 9-12, inclusive, to  
          offer advanced placement (AP) courses in math and science at  
          each high school in the district that did not offer any AP  
          courses during the 2011-12 school year.  Specifically, this  
          bill:  

          1)Exempts school districts from offering AP courses in math and  
            science, if the district does not have an AP teacher available  
            or it has less than 10 pupils who would be enrolled in the  
            course at a particular school.  This measure expresses  
            legislative intent for school districts to consider  
            alternative means of providing AP courses, if a teacher is not  
            available or less than 10 pupils would be enrolled in the  
            course. 

          2)Authorizes alternative means to include high-quality online AP  
            courses, including offering online courses to pupils through a  
            contract with another school district.  This measure also  
            requires the terms of the contract to be determined by mutual  
            agreement of the districts, as specified.  

          3)Defines "high-quality online AP course" as one meeting all of  
            the following requirements: (a) the course is approved by the  
            governing board of the school district; (b) the course  
            contains identical subject matter and has the same test  
            schedule, as the classroom-based course; (c) the course is  
            offered by a high school; and (d) the course is taught by a  
            qualified instructor, as specified.  

          4)Establishes, for the purpose of online AP courses,  







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            requirements related to the following: (a) teacher to pupil  
            ratios, (b) reporting of statewide assessment results, (c)  
            documentation of pupil work, and (d) records verifying the  
            time that pupils and instructors spend online.  

          5)Prohibits pupils from being assigned to an online AP course,  
            unless he or she elects to participate.  This bill also  
            requires the pupil's parent/guardian to provide written  
            consent.  

           FISCAL EFFECT  

          1)Beginning in the 2012-13 school year, annual GF/98 cost  
            pressure of approximately $960,000 to school districts to  
            offer AP courses in math and science to pupils at each high  
            school in the district that did not offer any AP courses  
            during the 2011-12 school year.  According to the State  
            Department of Education (SDE), there 17,221 AP classes in  
            1,059 schools in 2008-09.  

          2)This bill authorizes school districts to provide online AP  
            classes to pupils in grades 9-12, as specified.  The measure,  
            however, is unclear as to whether these online courses  
            generate general revenue limit (general purpose) funding for  
            school districts.  To the extent the amount of time a pupil  
            spends online in an AP course cannot be verified, there is an  
            increased risk to the state to provide GF/98 revenue limit  
            funding to LEAs for attendance that cannot be validated.   
            Consequently, there is also the potential for LEAs to have  
            increased audit costs to the extent that ADA attendance cannot  
            be verified as part of the regular audit process.   

           COMMENTS  

           1)Purpose  .  AP programs, established over 40 years ago by the  
            College Board, provide incentives for public comprehensive  
            high schools to provide access to rigorous, college-level  
            courses for students. These programs allow pupils to pursue  
            college-level work while still in secondary school and receive  
            college credit, advanced academic standing, or both.  At the  
            end of the course, students may opt to sit for the  
            course-related exam, or may take the exam without having  
            completed the related course. For a score of 3 or higher (out  
            of 5) on an AP exam, most colleges and universities will award  
            college credit for an entry-level course in that discipline,  







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            though policies vary from institution to institution. 

            According to The Annual AP Report to the Nation: California  
            completed by the College Board (February 2010), 32% of the  
            graduating class of 2009 took at least one AP class.  This  
            compares to 26.5% for the nation.  The report also documents  
            3.6% of African Americans and 33.4% Latino high school seniors  
            in 2009 took an AP exam.  

            The College Board, sponsor of this measure, further states:  
            "Women and minorities participating in AP math and science  
            courses choose to major in science, technology, engineering,  
            and mathematics at dramatically higher rates that other  
            students.  Also, AP math and science students, particularly  
            those scoring three or better on the AP exam, outperform  
            students in these subject areas from nearly all other  
            nations."  This bill, commencing with the 2012-13 school,  
            requires school districts maintaining grades 9-12 to offer AP  
            courses in math and science at each high school in the  
            district that did not offer any AP courses during the 2011-12  
            school year. 

          2)Fiscal concerns with online AP courses  .  The fundamental  
            principal for allocating funding under California's school  
            finance system is the value of instructional time.  The state  
            measures this principal through the average daily attendance  
            (ADA) system, including the ability of the pupil to be under  
            the direct supervision (via a line of sight) of a certificated  
            employee. 

            Existing law requires the majority of the state's revenue  
            limit funding (general purpose) allocated to local education  
            agencies (LEAs) be based on ADA.  ADA is the average amount of  
            time a pupil attends class under the immediate supervision of  
            a certificated employee.  As a result, the more the pupil  
            attends class the more ADA the LEA receives, which leads to  
            increased revenue limit funding.  

            This bill expresses legislative intent that school districts  
            consider alternative means of providing AP courses if a  
            teacher is not available or less than 10 pupils would be  
            enrolled in the course.  Also, this bill further defines  
            alternative means as providing a high-quality online AP  
            course.  








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            This measure is silent as to whether school districts may  
            claim ADA in order to generate revenue limit funding for  
            online AP courses.  Likewise, it does not specify whether or  
            not the pupil participates in a synchronous online course (the  
            pupil is online at the same time as the teacher) or an  
            asynchronous online course (the pupil and the teacher are  
            online at different times).  

            There are fiscal questions with claiming ADA for an  
            asynchronous online course.  For example, how does the state,  
            for accounting and audit purposes, ensure that the pupil meets  
            the minimum instructional time and day requirements?   Also,  
            what type of mechanisms will be provided to verify it is the  
            pupil participating in the asynchronous online course?    

            Under current law, pupils may take online AP courses without  
            generating revenue limit funding for school districts.  For  
            example, pupils may take the online course in addition to  
            classroom based courses that enable them to meet minimum day  
            and minute requirements and allows the district to claim full  
            revenue limit funding.  

            Under another scenario, however, a pupil may take an online AP  
            course in order to meet the minimum ADA requirements for a  
            school district.  This bill does specify how ADA would be  
            calculated, particularly for an asynchronous online AP course.  
             

            The committee may wish to consider whether it is appropriate  
            for school districts to offer online asynchronous online AP  
            courses without further clarification as to how districts earn  
            revenue limit funding.    
           
          3)The AP test fee reimbursement program  , administered by the  
            SDE, removes the financial barriers that prevent many  
            low-income students in comprehensive high schools from taking  
            the AP course test. Funding supports the payment of AP test  
            fees for eligible students.  The 2009 Budget Act allocated a  
            total of $2.44 million for this program.  Of this amount $3.7  
            million is federal funds and $1.4 million is GF/98, which  
            includes a total reduction of 19.8% from the 2008 Budget Act.

           4)Previous legislation  .  AB 1238 (Hernandez), similar to this  
            measure, was held on this committee's Suspense File in May  
            2009.  







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           5)Related legislation  .  AB 2027 (Blumenfield), pending in this  
            committee, authorizes a school district, county office of  
            education, or charter school to claim attendance toward ADA  
            for the purposes of calculating revenue limit funding for an  
            online class, as specified.    

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