BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 193
                                                                  Page  1

          Date of Hearing:   August 19, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                   SB 193 (Lowenthal) - As Amended:  July 14, 2009 

          Policy Committee:                             Education  
          Vote:11-0

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

           SUMMARY  

          This bill authorizes the Superintendent of Public Instruction  
          (SPI) to approve full funding allocated to Long Beach Unified  
          School District (LBUSD) for the K-3 Class Size Reduction (CSR)  
          program classes that either exceed 20 pupils or are housed with  
          another class in the 2009-10, 2010-11, and 2011-12 school years,  
          provided that the district meets specified provisions.   
          Specifically, this bill: 

          1)Requires LBUSD to meet the following provisions in order to  
            qualify for full K-3 CSR funding: 

             a)   Certifies the number of pupils enrolled in a school  
               increased as a direct result of the closures on Catalina  
               Island resulting from the May 2007 fire, which lead to an  
               increase in the number of pupils in K-3 CSR program  
               classes, as specified.   

             b)   Certifies that it lacked sufficient classroom space or  
               credentialed teachers to accommodate the enrollment  
               increase from the closures on Catalina Island resulting  
               from the May 2007 fire, as specified.  

          2)Sunsets these provisions on July 1, 2012.  

           FISCAL EFFECT  

          1)GF/98 loss of savings, of approximately $470,000, to allow  
            LBUSD to retain full funding for the K-3 CSR program, as  
            specified.  









                                                                  SB 193
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          2)The 2009 Budget Act, enacted in February 2009, allocated $1.8  
            billion for the K-3 CSR program.  

           COMMENTS  

           1)Background  .  SB 311 (Sher), Chapter 910, Statutes of 2004,  
            provided temporary relief to southern California school  
            districts affected by the California wildfires in 2003 by  
            relieving districts from the statutory reduction in the  
            penalties that would be paid when a class participating in the  
            K-3 CSR program exceeded the maximum average of 20.4 students.  
              

            In May 2007, Catalina Island, located 26 miles off the coast  
            of Los Angeles, CA, burned more than 4,000 acres.  This  
            wildfire forced residents of the city of Avalon to evacuate,  
            including pupils who attend the Avalon School (which is under  
            the jurisdiction of LBUSD).  In 2007-08, the Avalon School  
            enrolled 678 pupils in grades K-12.  

            According to the author, "the May 2007 wildfire destroyed  
            vegetation on all major canyons that drain into the valley [on  
            Catalina Island] which contains the school site and the  
            community.  Whenever the ground reaches a saturation level  
            there is imminent danger of mudslides and rockslides, which  
            could result in extended closures and/or evacuations.  Because  
            of the drought conditions this year, the school has not  
            experienced significant closures due to ground saturation.   
            However, if California has a wet year next year, it is likely  
            that closures/evacuations will occur.  If this unfortunate  
            event happens, pupils would be absorbed in other schools on  
            the mainland - resulting in K-3 CSR limits being exceeded."

            This bill, sponsored by the SPI and modeled after Chapter 910,  
            provides fiscal relief to LBUSD's Avalon School affected by  
            the May 2007 wildfires on Catalina Island that participates in  
            the K-3 CSR program. 

           2)CSR programs  .  The K-3 CSR program provides per pupil funding  
            for each child in grades K-3 who receives instruction in a  
            class of 20 or fewer pupils. The program has two options.  
            Option One provides full funding for pupils who receive the  
            20-to-1 instruction all day and Option Two provides half  
            funding for pupils who receive the 20-to-1 instruction for  
            half of the instructional minutes per day. All pupils must  








                                                                  SB 193
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            receive this instruction from a certificated teacher, not an  
            instructional aide.  Each CSR class must be in a separate,  
            self-contained classroom or the equivalent square footage  
            provided before CSR. Although classes may occasionally exceed  
            20 pupils without penalty, in order to receive funding each  
            class must maintain an average of 20.4 pupils or less. 

            The grade 9 CSR program provides funds to school districts for  
            schools that reduce class size in grade 9 English and one  
            other grade 9 course required for graduation (i.e., either  
            mathematics, science, or social studies). The majority of  
            pupils in participating classes must be identified as grade 9  
            students. However, school districts that implemented the  
            program prior to June 30, 1998 may also be serving grades 10,  
            11, or 12.  Likewise, average class size for the school year  
            at each participating school can be no more than 20 pupils per  
            certificated teacher and no more than 22 pupils enrolled in  
            any participating class. 

           3)K-3 CSR budget flexibility  .  As part of the overall  
            categorical budget flexibility, SB 4 X3 (Ducheny), Chapter 12,  
            Statutes of 2009, reduced the fiscal penalties for not meeting  
            required pupil-to-teacher ratios under the K-3 CSR program  
            until the 2011-12 FY.  Specifically, the K-3 CSR program  
            penalties were reduced by increments of 5%, with a cap of 30%,  
            depending on the average enrollment of the class.  For  
            example, there is a 5% reduction in the penalty assessed if  
            the average enrollment for the class is greater than 20.5  
            pupils, but less than 21.5 pupils.  The highest average  
            enrollment for a class that a school district can offer under  
            this program, with a 30% reduction in the penalty, is 25  
            pupils or more.       


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