BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1191|
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                                      VETO


          Bill No:  SB 1191
          Author:   Wiggins (D) and Hancock (D)
          Amended:  6/23/10
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  8-0, 4/14/10
          AYES:  Romero, Huff, Alquist, Hancock, Liu, Price,  
            Simitian, Wyland
          NO VOTE RECORDED:  Maldonado

           SENATE FLOOR  :  27-0, 5/10/10
          AYES: Aanestad, Alquist, Ashburn, Calderon, Cogdill, Cox,  
            DeSaulnier, Ducheny, Florez, Hancock, Hollingsworth,  
            Huff, Kehoe, Leno, Lowenthal, Negrete McLeod, Padilla,  
            Pavley, Price, Romero, Runner, Simitian, Walters, Wolk,  
            Wright, Wyland, Yee
          NO VOTE RECORDED: Cedillo, Corbett, Correa, Denham, Dutton,  
            Harman, Liu, Oropeza, Steinberg, Strickland, Wiggins

           ASSEMBLY FLOOR  :  76-0, 7/1/10 - See last page for vote

           SENATE FLOOR  :  34-0, 8/9/10
          AYES:  Aanestad, Alquist, Ashburn, Cedillo, Cogdill,  
            Corbett, Correa, Denham, DeSaulnier, Ducheny, Dutton,  
            Emmerson, Florez, Hancock, Harman, Hollingsworth, Huff,  
            Kehoe, Leno, Liu, Lowenthal, Negrete McLeod, Padilla,  
            Pavley, Price, Romero, Runner, Simitian, Steinberg,  
            Strickland, Wolk, Wright, Wyland, Yee
          NO VOTE RECORDED:  Calderon, Oropeza, Walters, Wiggins,  
            Vacancy, Vacancy


                                                           CONTINUED





                                                               SB 1191
                                                                Page  
          2

           SUBJECT  :    Evaluation of the Quality Education Investment  
          Act

           SOURCE  :     California Association of School Counselors


           DIGEST  :    This bill requires consideration of the  
          effectiveness of pupil-counselor ratios when the California  
          Department of Education (CDE) evaluates the Quality  
          Education Investment Act (QEIA) of 2006.

           Assembly Amendments  require the CDE, when evaluating the  
          effectiveness of the program, to identify the strategies  
          that demonstrate the effectiveness of schools in meeting  
          accountability requirements, and make other technical  
          changes.

           ANALYSIS  :    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  
            educational counseling program for all pupils that  







                                                               SB 1191
                                                                Page  
          3

            includes, academic counseling, career and vocational  
            counseling, and personal and social counseling. 

          The bill requires the evaluation of QEIA to consider  
          several factors when evaluating the effectiveness of  
          pupil-counselor ratios.

          Specifically, this bill requires CDE, when evaluating the  
          effectiveness of pupil-counselor ratios (1) to consider the  
          impact of such ratios on school and district dropout rates,  
          (2) the performance on the high school exit exam, as  
          defined, (3) the number of pupils graduating with a  
          postsecondary education or career plan, and (4) the  
          Academic Performance Index of schools and districts.

           Prior Legislation
           
          SB 272 (Wiggins), 2009-10 Session, 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.  The bill passed the Senate Floor with a vote  
          of 23-12, on 8/24/09.

          SB 1133 (Torlakson), Chapter 751, Statutes of 2006,  
          establishes the QEIA for the purposes of implementing the  
          terms of the California Teachers Association.  The QEIA  
          funds are available for some of the state's lowest  
          performing schools.  School districts will receive $300  
          million for the Fiscal Year 2007-08 and $450 million in  
          Fiscal Year 2008-09, and each succeeding fiscal year until  
          2013-14.  This bill passed the Senate Floor on 4/6/06, with  
          vote of 23-3.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    







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                                                                Page  
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          Local:  No

           SUPPORT  :   (Verified  7/1/10)

          California Association of School Counselors (source) 
          California Association of Leaders for Career Preparation
          California Association of Regional Occupational Centers and  
          Programs
          California Teachers Association

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          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 considered.


           GOVERNOR'S VETO MESSAGE:
           
               "I am returning Senate Bill 1191 without my signature.  


               The provisions of the Quality Education Investment Act  
               (QEIA) extend far beyond the role and use of school  
               counselors.  This bill narrowly intends to evaluate  
               pupil-counselor ratios, rather than the quality of the  
               counseling programs.   I am concerned that focusing on  
               pupil-counselor ratios in the final evaluation of the  
               effectiveness of QEIA would not provide as meaningful  
               information as the impact of the equitable  
               distribution of quality teachers between schools,  
               quality professional development, and sufficient  
               instructional materials. 

               For this reason, I am unable to sign this bill."


           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,  
            Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,  







                                                               SB 1191
                                                                Page  
          5

            Garrick, Gatto, Gilmore, Hagman, Hall, Harkey, Hayashi,  
            Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,  
            Lieu, Logue, Bonnie Lowenthal, Mendoza, Miller, Monning,  
            Nava, Nestande, Niello, Nielsen, Norby, V. Manuel Perez,  
            Portantino, Ruskin, Salas, Saldana, Silva, Skinner,  
            Smyth, Solorio, Audra Strickland, Swanson, Torlakson,  
            Torres, Torrico, Tran, Villines, Yamada
          NO VOTE RECORDED:  Fletcher, Ma, John A. Perez 


          PQ:nl  10/5/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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