BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1191
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          Date of Hearing:   June 16, 2010

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                   SB 1191 (Wiggins) - As Amended:  April 20, 2010

           SENATE VOTE  :   27-0
           
          SUBJECT  :   Quality Education Investment Act: evaluation 

           SUMMARY  :  Requires the evaluation of the Quality Education  
          Investment Act (QEIA) to consider several factors when  
          evaluating the effectiveness of pupil-counselor ratios.  
          Specifically,  this bill  :  Requires the California Department of  
          Education (CDE), when evaluating the effectiveness of  
          pupil-counselor ratios, to consider the impact of such ratios on  
          school and district dropout rates, California High School Exit  
          Examination (CAHSEE) performance, the number of pupils  
          graduating with a postsecondary education or career plan, and  
          school and district Academic Performance Indices (APIs).

           EXISTING LAW  :

          1)Establishes the QEIA for the purposes of implementing the  
            terms of the CTA, et al. v. Arnold Schwarzenegger, et al. Case  
            number 05CS01165 of the Superior Court for the County of  
            Sacramento (CTA, et al. v. Schwarzenegger, et al.) settlement  
            relative to the level of Proposition 98 funds appropriated in  
            fiscal year 2004-05 when the minimum guarantee was suspended.

          2)Enacts the QEIA and authorizes school districts and other  
            local educational agencies (LEAs) to apply for funding to  
            allocate to elementary, secondary and charter schools that are  
            ranked in either deciles one or two as determined by the API  
            base.

          3)Requires CDE to perform, or contract with an independent  
            evaluator to perform, various reports and evaluations, as  
            specified, including a report to the Legislature and the  
            Governor regarding a final evaluation on the implementation of  
            the QEIA program and to make recommendations to continue,  
            modify, or terminate the program by January 1, 2014, based  
            upon the results in meeting the specified measurements.

          4)Authorizes school districts to provide a comprehensive  








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            educational counseling program for all pupils that includes,  
            academic counseling, career and vocational counseling, and  
            personal and social counseling. 

           FISCAL EFFECT  :  This bill is keyed non-fiscal. 

           COMMENTS  :  Senate Bill (SB) 1133, Chapter 751, Statutes of 2006  
          established the Quality Education Investment Act (QEIA) of 2006  
          for the purposes of implementing the terms of the settlement  
          agreement in the CTA, et al. v. Schwarzenegger, et al. case.   
          The QEIA program authorizes school districts and other LEAs to  
          apply for funding for eligible schools, and authorizes the  
          appropriations beginning in fiscal year 2007-08 through the  
          2013-14 fiscal year.  In enacting SB 1133, the Legislature  
          provided funds for eligible schools to use in hiring staff to  
          improve school conditions and pupil outcomes, and outlined  
          specified goals of the QEIA program including, but not limited  
          to:

          1)Overall improvement of academic instruction and pupil  
            achievement given a pupil's educational needs and poverty  
            levels; 
          2)Developing exemplary school district and school practices that  
            create the working conditions and classroom learning  
            environments that will attract and retain well qualified  
            teachers, administrators, and staff; and,
          3)Focusing school resources, including all categorical funds  
            solely on instructional improvement and services to pupils.  

          Current law requires an evaluation of the implementation of the  
          QEIA program and to make recommendations to continue, modify, or  
          terminate the program by January 1, 2014, based upon the  
          effectiveness of strategies used by schools to implement the  
          program and meet its specified accountability requirements.   
          This bill seeks to require, as part of this evaluation,  
          consideration be given to the impact pupil-to-counselor ratios  
          have had on the following: 

          1)School and district dropout rates;
          2)CAHSEE performance; 
          3)Number of pupils graduating with a postsecondary education or  
            career plan; and
          4)School and district APIs.

          While research has suggested that school counselors and other  








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          student support service personnel can play an important role in  
          improving pupil academic outcomes, it is unclear as to whether  
          evidence can be generated to make a causal connection between  
          pupil-to-counselor ratios and student achievement outcomes.   
          QEIA requires a 300:1 pupil-to-counselor ratio at participating  
          high schools, and this bill would ensure consideration is given  
          to the impact this required ratio has on various indicators.   
          However, this bill focuses on the ratios rather than on the  
          quality of the counseling programs themselves.  

          It is likely that the information that the evaluation yields may  
          not provide a good indication of which QEIA-funded strategies  
          actually made the greatest impact on student outcomes.  It may  
          be prudent for this bill to also require for the identification  
          of strategies that resulted in QEIA schools meeting  
          accountability requirements pursuant to the program, rather than  
          limiting the bill to the question of impact of  
          pupil-to-counselor ratios on the specified indicators.  Most of  
          the indicators included in this bill are high school-specific,  
          and therefore identifying effective strategies may be  
          particularly of interest since the QEIA funds were allocated to  
          all school types and not just high schools.  A more  
          comprehensive approach to the evaluation may provide  
          policymakers more helpful information.  The author may wish to  
          consider amending the bill to include a requirement for the QEIA  
          evaluation to also identify effective strategies that made the  
          greatest impact on student outcomes.  

          According to the author, "In order to determine the value of the  
          QEIA counseling services and the necessity of maintaining the  
          ratios, additional criteria for evaluating the effectiveness of  
          student to counselor ratios must be implemented.  SB 1191 seeks  
          to implement the criteria, which is consistent with adopted  
          educational counseling guidelines."  

           The Careers Project  : The California Research Bureau (CRB)  
          published a Careers Project research study which was requested  
          by a bipartisan group of members of the Legislature.  Some of  
          the key findings in the report relevant to this bill show that  
          about 20% of schools in the school survey sample reported not  
          having a school counselor.  Only 70% of counselors and 60% of  
          principals indicated that school counselors provide career  
          guidance to students in addition to academic and personal/social  
          issues.  Additionally, the study reports that school counselors  
          that participated in focus groups suggested that career  








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          development counseling was not a priority at their schools, and  
          several parents commented that there were not enough counselors  
          available to provide career guidance to their children,  
          particularly given other priorities related to student academic  
          progress.  Due to the recent budget cuts, districts are becoming  
          increasingly more selective in deciding which programs to  
          continue providing and several programs, including counseling  
          programs have experienced reductions.  

           Suggested technical amendments  :  Although California currently  
          uses the CAHSEE as the high school exit exam required to be  
          administered to high school pupils, the state is not required to  
          use CAHSEE as its assessment tool.  The state could choose to  
          use a different test in the future.  To remain consistent with  
          the Education Code, which does not reference the CAHSEE,  staff  
          recommends  an amendment on page 2, lines 20-21, to strike  
          "California High School Exit Examination performance" and insert  
          "performance on the high school exit examination adopted  
          pursuant to Section 60850."  Additionally, the bill should be  
          amended on page 2, line 23, to delete "Indices" and insert  
          "Index of schools and districts," so as to avoid implying that a  
          school or a district has more than one index. 

           Previous legislation  :  SB 272 (Wiggins) of 2009 authorizes  
          school districts that choose to provide an educational  
          counseling program to include in that program specific academic,  
          career and vocational counseling; provides that professional  
          development shall include strategies for pupils about  
          educational and career options; and, states legislative intent  
          regarding the role and responsibilities of counselors.  SB 272  
          was vetoed by Governor Schwarzenegger with the following veto  
          message: "School district governing boards already have the  
          authority to include the specified program requirements within  
          its comprehensive educational counseling program.  Nothing under  
          current law prohibits a district from doing so.  As a result,  
          this bill is unnecessary.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California Association of Leaders of Career Preparation 
          California Association of Regional Occupational Centers and  
          Programs 
          California Association of School Counselors 








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          California Teachers Association 
           
            Opposition 
           
          None on file. 

           Analysis Prepared by :    Marisol Avi?a / ED. / (916) 319-2087