BILL ANALYSIS                                                                                                                                                                                                    






                         SENATE COMMITTEE ON EDUCATION
                              Gloria Romero, Chair
                           2009-2010 Regular Session
                                        

          BILL NO:       SB 193
          AUTHOR:        Lowenthal
          INTRODUCED:    February 23, 2009
          FISCAL COMM:   Yes            HEARING DATE:  April 29, 2009
          URGENCY:       Yes            CONSULTANT:    James Wilson

           SUBJECT  :  Class Size Reduction 
          
           SUMMARY  

          This bill, an urgency measure, allows the Long Beach  
          Unified School District to claim funding, until July 2013,  
          for the K-3 Class Size Reduction program based on  
          enrollment counts taken prior to the closure of schools  
          forced by the October 2007 fire and subsequent mudslides on  
          Catalina Island.

           BACKGROUND  

          Catalina Island is part of the Long Beach Unified School  
          District and the Avalon School on Catalina is subject to  
          closure whenever rains threaten to cause earth  on the  
          hills surrounding the school to slide.  The hills are  
          vulnerable to these mudslides because vegetation was burned  
          off the hills by the fires on the island in October 2007.   
          It is projected that the vegetation will have sufficiently  
          re-grown by 2013 to end the danger of mudslides threatening  
          the school.

          Current law authorizes school districts to receive  
          incentive funding of $1,071 per pupil for maintaining class  
          sizes of no greater than 20 pupils per teacher in grades K  
          through 3.  While existing law protects school districts  
          from general purpose revenue loss by allowing schools to  
          request the state waiver of missed 
          days and attendance loss due to emergencies,  these  
          protections are not           available to districts with  
          regard to their class size reduction (CSR) funding.   
          Districts that experienced temporary loss of ADA due to the  
          fires or are forced to load classrooms with displaced  
          pupils, risk losing CSR funding. 




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          SB 4 of the 3rd Extraordinary Session, enacted in February  
          as Chapter 12 of 2009,  revises the reduction schedule for  
          districts that fail to maintain 20 to 1 class sizes for the  
          2008-09 through 2011-12 school years only.  During those  
          years, districts that maintain participating class sizes  
          within the following ranges will lose the following  
          percentages of CSR funding.

          Classes  of 20.5 or more but less than 21.5:  Lose 5% of  
          funding
          Classes  of 21.5 or more but less than 22.5:  Lose 10% of  
          funding
          Classes  of 22.5 or more but less than 23.0:  Lose 15% of  
          funding
          Classes  of 23.0 or more but less than 25.0:  Lose 20% of  
          funding
          Classes  of 25.0 or more lose 30% of funding
           ANALYSIS
           
           This bill,  an urgency measure:
           
           1)   Allows the Long Beach Unified School District to claim  
               class size reduction funding for the 2008-09 through  
               2011-2012 school years based on enrollment counts made  
               before the October 2007 fires, provided that the  
               district submits a request for "emergency ADA" lost  
               due to mandatory school closure. and the district  
               certifies that it suffered a loss of enrollment in  
               classes due to mandatory closure. 

          2)   Allows the Long Beach Unified School District to claim  
               class size reduction funding for the 2008-09 through  
               2011-2012 school years for classes that either exceed  
               20 pupils or are housed with another class, if the  
               district certifies that: 

               a)        The  number of pupils enrolled in a school  
               increased as a direct result of the closures on  
               Catalina Island resulting from the October 2007 fires  
               and resultant debris flow hazard and this growth  
               increased the number of pupils enrolled in K-3 CSR  
               classes;  and,

               b)        The district lacked sufficient classroom  
               space or credentialed teachers to accommodate the  




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               enrollment increase attributable to the Catalina  
               school closure 

          3)   Provides that the bill's provisions will remain in  
               effect until July 1, 2013, are repealed as of January  
               1, 2014.

           STAFF COMMENTS  

           1)   Need for the bill?   Given that the maximum loss of  
               class size reduction incentive funding is now limited  
               to 30% through the 2011 - 2012 school year, is it  
               still necessary to exempt Long Beach Unified from any  
               class size funding penalty during those same years ?

           2)   Technical amendment  .  The bill calls for exemption  
               from Class Size Reduction funding loss through the  
               school year 2011 -2012, but leaves the exemption  
               operative for an extra  year, becoming inoperative in  
               July 2013. To avoid confusion during the 2012 - 2013  
               year, staff recommends that the exemption become  
               inoperative in July 2012, at the end of the 2011 -2012  
               year.

           3)   Previous legislation  .  Chapter 30 (AB 1893, Garrick)  
               of 2008 provided similar relief to school districts  
               that operated K-3 class size reduction programs and  
               were affected by fires in October of 2007.  AB 1893,  
               allowed school districts in specified counties to  
               continue to receive class size reduction funding  for  
               the 2007-08 fiscal year based on enrollment counts  
               taken before the fires forced class closures and class  
               size            increases to accommodate relocated  
               pupils.  

           SUPPORT  

          Long Beach Unified School District

           OPPOSITION

           None received.