BILL ANALYSIS                                                                                                                                                                                                              1




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          X5  4 (Steinberg)
          
          Hearing Date:  12/17/2009           Amended: As introduced
          Consultant:  Dan Troy           Policy Vote: NA
          _________________________________________________________________ 
          ____
          BILL SUMMARY:   SB 4 of the 5th Extraordinary Session would  
          require the Governor, the Superintendent of Public Instruction  
          (SPI), and the State Board of Education (SBE) to collaboratively  
          develop a single high-quality plan or multiple plans, in  
          collaboration with participating local education agencies, for  
          submission as part of the application for the federal Race to  
          the Top (RTTT) competitive program.  
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
           
          Evaluations              $500 to $1,000              Federal

          Interventions            Likely tens of millions, depending on    
           Federal
                                   the number of schools identified

          Revised Assessments      Potentially tens of millions    
          General**

          Instructional Materials/ $1,000,000 or more                
          General*
          Professional Development

          State operations                Low millions               
          General**

          *Counts toward meeting the Proposition 98 minimum funding  
          guarantee
          **Potentially offset by federal funds
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the  
          Suspense File.









          
          Staff notes that amendments may be proposed to:

                 Authorize the SPI and SBE to enter into agreements with  
               local education agencies that wish to participate in RTTT
                 Identify schools as persistently low-performing if they  
               are in the bottom 5 percent (as measured by the Academic  
               Performance Index) of schools in federal program  
               improvement or are a high school that has a graduation rate  
               below 60 percent in each of the past 3 years.  The SPI  and  
               SBE would have discretion to exclude alternative schools  
               and schools that have demonstrated 50 points of growth on  
               the API over the past five years
                 Require persistently low-performing schools to implement  
               one of four specified federal intervention strategies  
               unless a similar strategy has been undertaken within the  
               prior two years
                 Authorize local education agencies to use data from the  
               California Education Information System for purposes of  
               evaluating teachers and administrators and making  
               employment decisions
                 Authorize existing regional consortia to provide  
               assistance to persistently low-performing schools
                 Authorize the Department of Education, the University of  
               California, the California State University, the California  
               Community Colleges, the Commission on Teacher  
               Credentialing, the Employment Development Department, and  
               the California School Information Services to enter into  
               interagency agreements to facilitate the implementation of  
               a longitudinal education data system, the transfer of data  
               between the entities
                 Require the Commission on Teacher Credentialing to  
               develop an alternative route to credentialing preparation  
               in the fields of science, mathematics, and career technical  
               education
                 Allow "parent empowerment" petitions to utilize federal turn  
               around strategies in up to 75 schools in advanced stages of  
               federal program improvement. School boards would be required to  
               act upon petitions signed by at least one-half or more of  
               parents at schools and/or feeder schools 
                 Allow "open enrollment" for all students in schools ranking  
               in decile 1 of the Academic Performance Index
                 Require an Academic Content Standards Commission to  
               develop state content standards in language arts and  
               mathematics that are internationally benchmarked and build  
               toward college and career readiness.  At least 85 percent  









               of the standards shall be the common standards developed by  
               the national consortium.  The State Board of Education  
               could either adopt or reject the recommended standards with  
               written justification for the rejection
                 Repeal the sunset date for the existing testing system 
                 Require the SPI to make recommendations to reform the  
               testing system so that it is aligned with the new standards  
               and with RTTT criteria and other federal requirements
                 Require the SPI and the State Board of Education to make  
               recommendations to establish a measure of academic growth  
               and to increase the weight given to math test scores,  
               science test scores, college and career readiness  in the  
               API
                 Require the SPI to submit to the Legislature and the  
               Governor a schedule and plan for implementation plan of the  
               revised standards
                 Require the SPI to contract for an evaluation of the  
               implementation of the state's RTTT plan and of the parent  
               empowerment provision
          
          The federal American Recovery and Reinvestment Act (ARRA)  
          authorizes K-12 education funding for states on both a formula  
          basis and on a competitive basis.  California is expected to  
          receive over $6 billion in formula-based grants.  Additionally,  
          ARRA has authorized over $4.3 billion in funding for state-level  
          incentive grants through the Race to the Top (RTTT) initiative.   


          The RTTT is designed to "encourage and reward states that are  
          creating the conditions for education and innovation and reform;  
          achieving significant improvement in student outcomes, including  
          making substantial gains in student achievement, closing  
          achievement gaps, improving high school education rates, and  
          ensuring student preparation for success in college and careers;  
          and implementing ambitious plans in four core education areas."   
          The four core areas include: 1) high-quality standards and  
          assessments, 2) data systems that measure student growth and  
          inform instruction, 3) recruiting and developing effective  
          teachers and principals, and 4) turning around low-performing  
          schools.  

          In order to qualify for RTTT grants, states must be approved to  
          receive State Fiscal Stabilization Fund money and have no legal  
          barriers to linking student achievement data to the evaluation  
          of principals and teachers.  Further, the state must develop a  
          comprehensive plan for addressing the four core areas identified  









          above.  There are two application phases, the first on January  
          19, 2010 and the second on June 1, 2010.  State applications  
          will be rated based on their competitiveness in 19 specified  
          areas.  Given the state's population, a grant for California  
          could be worth between $350 million and $700 million dollars in  
          one-time money. Ultimately, the amount of funding awarded to a  
          state, if any, will be based on the quality of the application,  
          the extent of participation in the plan on the part of local  
          education agencies, the number of states that submit competitive  
          applications, and the number of awards that are ultimately  
          distributed.  
          
          There are numerous costs associated with this bill, as proposed  
          to be amended.  The Department of Education has indicated that  
          intervention strategies may cost $500,000 per school and that  
          costs may be incurred over multiple years.  As this bill may  
          target 100 to 200 schools, intervention costs would likely reach  
          the tens of millions annually, though these costs would be  
          offset by RTTT funds.  Revising the state's academic content  
          standards will entail significant downstream costs for  
          implementation in the classroom.  These costs will include  
          professional development for educators and pressure to fund new  
          instructional materials that are aligned with the revised  
          standards.  These costs would likely be well over $1 billion.   
          Additionally, revision of the state's assessment systems would  
          also entail significant one-time costs, likely in the tens of  
          millions.  While the This bill also entails costs, likely in the  
          low millions of dollars, for state operations work on the part  
          of the Department of Education for developing plans and  
          recommendations, as specified, though it may be that some or all  
          of these costs could be offset with RTTT or other federal funds.  
           The bill does not specify how much if any funding the  
          Department will receive from RTTT to fund required state  
          operations activities.  

          The bill may also result in unknown state reimbursable mandate  
          costs.  To the extent local activities are more costly than the  
          allocations provided or that they extend beyond the life of RTTT  
          grants, they may be found reimbursable by the Commission on  
          State Mandates.  This would result in new Proposition 98 General  
          Fund costs.  

          It is also possible that the open enrollment provision in the  
          bill may lead to new Proposition 98 costs to fund revenue limit  
          declining enrollment adjustments.  This cost is indeterminable  
          though potentially significant, as it would depend upon the  









          number of pupils that opt to leave a district that is declining  
          in enrollment.  

          To the extent that the state receives RTTT funding, costs of the  
          bill may be offset or at least mitigated. Staff notes, though,  
          that it is not a certainty that the state will receive RTTT  
          funds, or that an award would offset all of the bill's costs.  
          Some of the activities may go beyond federal requirements and  
          potentially expose the state to reimbursable mandate costs.   
          Also, RTTT is a one-time grant while many of the new activities  
          in the bill are ongoing.  

          Chapter 159 of the Statutes of 2009 (SB 19, Simitian) removed  
          the key statutory obstacle faced by the state for RTTT  
          eligibility by eliminating the state's prohibition on using data  
          from CALTIDES and CALPADS for use in personnel decisions related  
          to teachers.  

          SB5x 1 (Romero) also made various changes to state education  
          policy in an effort to make the state more competitive for RTTT.  
          This bill failed passage in the Assembly Education Committee.  

          AB5x 8 (Brownley) also made various changes to state education  
          policy in an effort to make the state more competitive for RTTT.  
           This bill awaits a hearing in the Senate.