BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 331|
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                              UNFINISHED BUSINESS


          Bill No:  SB 331
          Author:   Romero (D) et al
          Amended:  8/16/10 
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  8-1, 4/22/09
          AYES:  Romero, Alquist, Hancock, Liu, Maldonado, Padilla,  
            Simitian, Wyland
          NOES:  Huff

           SENATE APPROPRIATIONS COMMITTEE  :  7-4, 5/28/09
          AYES:  Kehoe, Corbett, DeSaulnier, Hancock, Leno, Oropeza,  
            Yee
          NOES:  Cox, Denham, Runner, Walters
          NO VOTE RECORDED:  Wolk, Wyland

           SENATE FLOOR  :  25-13, 6/1/09
          AYES:  Alquist, Calderon, Cedillo, Corbett, Correa,  
            DeSaulnier, Ducheny, Florez, Hancock, Kehoe, Leno, Liu,  
            Lowenthal, Maldonado, Negrete McLeod, Oropeza, Padilla,  
            Pavley, Romero, Simitian, Steinberg, Wiggins, Wright,  
            Wyland, Yee
          NOES:  Aanestad, Ashburn, Benoit, Cogdill, Cox, Denham,  
            Dutton, Harman, Hollingsworth, Huff, Runner, Strickland,  
            Walters
          NO VOTE RECORDED:  Wolk, Vacancy

           ASSEMBLY FLOOR  : 76-1, 08/19/10 - See last page for vote


           SUBJECT  :    Migrant education

                                                           CONTINUED





                                                                SB 331
                                                                Page  
          2

           SOURCE  :     Author


           DIGEST  :    This bill expands the scope of a status report  
          that the migrant education State Parent Advisory Council is  
          required to submit to specified parties, and changes the  
          timeliness for the submission of the report.

           Assembly Amendments 

           1.Reduce the number of years a child is deemed to be a  
            migrant child from five to three and deletes the  
            provisions regarding priority and the prohibition against  
            programs solely for children who have ceased to migrate.

          2.Delete the cap on the number of migratory children that  
            may be served in a region.

          3.Delete the requirement that interpretation be provided at  
            each SPAC meeting by a person trained in interpreting and  
            who is fully fluent in English and in the language  
            understandable to parents.

          4.Delete a requirement for the SPAC to prepare and submit a  
            report to the Legislature, SBE, the SPI, and the Governor  
            on the status of MEP within 120 days from the conclusion  
            of the statewide parent conference, and instead, requires  
            the report be submitted to the aforementioned parties  
            within 120 days from the conclusion of a training program  
            provided by the SPI, as specified.

          5.Add co-authors.

           ANALYSIS  :    

           Existing Law

           1.Requires the State Parent Advisory Council (SPAC) to  
            participating in the planning, operation, and evaluation  
            of the state Migrant Education Program (MEP) and provides  
            that the membership of the SPAC shall be comprised of  
            individuals who are knowledgeable of the needs of migrant  
            children and are nominated and elected by the parents of  
            migrant children enrolled in the operating agencies.







                                                                SB 331
                                                                Page  
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          2.Requires at least two-thirds of the members of the SPAC  
            to be parents of migrant children and requires the SPAC  
            to meet a minimum of six times a calendar year to provide  
            input on issues relating to the operation of the MEP.

          3.Requires the Superintendent of Public Instruction (SPI)  
            to sponsor an annual SPAC conference to be schedule  
            during the spring and requires the SPAC, within 120 days  
            from the conclusion of the conference, to prepare and  
            submit a report to the Legislature, the State Board of  
            Education (SBE), and the governor regarding the status of  
            the MEP.

          This bill expands the scope of a status report that the  
          migrant SPAC is required to submit to specified parties,  
          and changes the timeline for the submission of the report.   
          Specifically, this bill:
           
           1.Deletes a requirement for the SPAC to prepare and submit  
            a report to the Legislature, SBE, the SPI, and the  
            Governor on the status of MEP within 120 days from the  
            conclusion of the statewide parent conference, and  
            instead, requires the report be submitted to the  
            aforementioned parties within 120 days from the  
            conclusion of a training program provided by the SPI, as  
            specified.

          2.Requires the MEP status report developed by the SPAC to  
            additionally include an evaluation of the MEP, a review  
            of annual needs, a year-end assessment, and policy  
            recommendations.  

           3.Deletes language stating that priority for programs and  
            activities shall be given to migrant children and shall  
            not be provided solely for children who have ceased to  
            migrate, and instead, specifies that priority for the  
            provision of services shall be consistent with federal  
            statutes and regulations governing the MEP.

          4.Makes several technical changes to and updates provisions  
            governing the MEP.

           Background







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           The MEP is a federally funded program, authorized under the  
          No Child Left Behind Act of 2001 (NCLB).  The MEP is  
          designed to provide supplemental education services to  
          migrant children to help reduce the educational disruption  
          and other challenges that result form repeated moves.   
          According to the California Department of Education (CDE),  
          the California MEP is the largest in the nation and one out  
          of every three migrant students in the United States lives  
          in California.  According to CDE, there are currently over  
          200,000 migrant students attending California schools  
          during the regular school year and 97,000 attending  
          summer/intersession classes.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  5/29/09) (Unable to reverify at time  
          of writing)

          Youth Law Center
          American Federation of State, County and Municipal  
          Employees
          Association of California School Administrators

           ARGUMENTS IN SUPPORT  :    The Association of California  
          School Administrators states in support, "It is important  
          the state and local education agencies improve the data  
          collection and tracking of migrant students and prepare a  
          master plan to address their needs.  The more accurate data  
          we have locally the better we can support migrant students  
          and their families."


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Tom Berryhill, Blakeslee, Block,  
            Blumenfield, Bradford, Brownley, Buchanan, Caballero,  
            Charles Calderon, Carter, Chesbro, Conway, Cook, Coto,  
            Davis, De La Torre, De Leon, DeVore, Eng, Evans, Feuer,  
            Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garrick, Gatto, Gilmore, Hagman, Hall, Hayashi,  
            Hernandez, Hill, Huber, Huffman, Jones, Knight, Lieu,  
            Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,  







                                                                SB 331
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            Nava, Nestande, Niello, Norby, V. Manuel Perez,  
            Portantino, Ruskin, Salas, Saldana, Silva, Skinner,  
            Smyth, Solorio, Audra Strickland, Swanson, Torlakson,  
            Torres, Torrico, Tran, Villines, Yamada, John A. Perez
          NOES: Nielsen
          NO VOTE RECORDED: Harkey, Jeffries, Vacancy


          CPM:cm  8/22/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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