BILL ANALYSIS
SB 450
Page 1
Date of Hearing: August 4, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 450 (Lowenthal) - As Amended: January 28, 2010
Policy Committee: Education Vote:9-0
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 certify 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.
2)Requires LBUSD to certify 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.
3)Sunsets these provisions on July 1, 2013.
FISCAL EFFECT
GF/98 loss of savings, of approximately $470,000, to allow LBUSD
SB 450
Page 2
to retain full funding for the K-3 CSR program, as specified.
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, suffered from a wildfire that forced
residents of the city of Avalon to evacuate, including pupils
who attend the Avalon School (which is under the jurisdiction
of LBUSD). In 2008-09, the Avalon School enrolled 649 pupils
in grades K-12.
According to the author, the wildfire destroyed vegetation on
all major canyons that drain into the valley that 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 drought conditions in 2007 the Avalon
School has not experienced significant closures due to ground
saturation The author, however, is carrying this measure in
anticipation of wet weather that could cause school
closures/evacuations, which would result in K-3 CSR limits
being exceeded.
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 receive this instruction from
a certificated teacher, not an instructional aide. Each CSR
class must be in a separate, self-contained classroom or the
SB 450
Page 3
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.
2)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.
3)Previous legislation . SB 193 (Lowenthal) was identical to
this measure and was vetoed by the governor in October 2009
with the following message:
"This bill is premature, and therefore unnecessary at this
time, since LBUSD has not received a reduction in its K-3 CSR
program funding level. I have previously supported legislation
that held districts harmless for loss of CSR funding due to
unexpected fires that have disrupted operations at certain
schools. However, this bill sets a precedent by providing a
hold harmless provision of CSR funding prospectively. In the
event there are school closures during the 2009-10 through
2011-12 school years, legislation can be considered at that
time."
To date, LBUSD has not received a reduction in its K-3 CSR
program funding due to evaluations or closures at Avalon
school.
4)Related legislation .
SB 450
Page 4
a) AB 548 (Chesbro), pending in the Senate Appropriations
Committee, grants local education agencies specific options
for claiming class size reduction funding in the 2008-09
school year and authorizes the Riverside Unified School
District to receive funding for grade 3 classrooms that
participated in the CSR program during the 2009-10 school
year.
b) AB 2272 (Block), for the 2010-11 and 2011-12 fiscal
years, modifies the K-3 CSR program flexibility enacted in
SB 4 X3 (Ducheny), Chapter 12, Statutes of 2009 (part of
the February 2009 budget deal). This bill was held on
this committee's suspense file in May 2010.
Analysis Prepared by : Kimberly Rodriguez / > / (916) 319-2081