BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-12 Regular Session
BILL NO: SB 298
AUTHOR: De Leon
AMENDED: March 17, 2011
FISCAL COMM: Yes HEARING DATE: April 13, 2011
URGENCY: No CONSULTANT:Beth Graybill
SUBJECT : Los Angeles County: Charter schools.
SUMMARY
This bill extends the authorization for the Los Angeles
County Board of Education to charter the Soledad Enrichment
Action Charter School (SEA), from June 30, 2013 to June 30,
2028.
BACKGROUND
The Soledad school started in 1972 as a non-charter
"Alternative Education Program-Independent Study Program"
under the Los Angeles Unified School District. When the
program expanded to locations outside city boundaries, it
transitioned to become an "Alternative Education-Community
School Program" under the Los Angeles County Office of
Education (LACOE).
In 1997, teachers working under the county sponsored
"Community School Program" elected to become a charter
school. However, because at that time county offices of
education were only authorized to approve charter schools
through an appeal process, a new law was needed to address
this situation.
SB 1318 (Polanco), Chapter 58, Statutes of 1997, authorized a
charter school to be chartered by the Los Angeles County
Board of Education and allowed the charter school to receive
the higher per-pupil funding of county community schools.
Subsequently, SB 1416 (Polanco, Chapter 467, Statutes of
2002), extended this unique statutory authorization until
July 1, 2008, and required the Legislative Analyst's Office
(LAO) to evaluate the SEA charter school and report their
findings in the 2007 Budget Analysis. The LAO found that it
was difficult to evaluate the school because the Alternative
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Schools Accountability Model (ASAM) fails to define
performance expectations in a way that permits comparison
among schools. Although the LAO staff was unable to fulfill
the specific evaluation requirements for the SEA charter
school, they did come to some conclusions based on their site
visit. The LAO found the school's education program to be at
least comparable to other similar schools and, in some areas,
the school offers attractive features that many other
alternative schools do not.
ANALYSIS
This bill :
1) Authorizes a charter school, operating under a charter
approved before June 1, 1997 by the Los Angeles County
Board of Education to serve at-risk pupils, to operate
until June 30, 2028.
2) Provides that authority of the charter school to operate
after June 30, 2013, shall be subject to the approval of
the Los Angeles County Board of Education.
3) Maintains the current authorization for the SEA charter
school to be funded at the same rates for the same
categories of pupils as community schools and community
day schools in the same county.
4) Authorizes the SEA charter school to operate one or more
community day schools, and be funded for not more than
2,000 units of average daily attendance in any fiscal
year, to the extent that funding is appropriated for the
purpose.
5) Requires the Los Angeles County Board of Education to
annually measure the performance of the SEA charter
school and annually report the measurement to the
California Department of Education, the Department of
Finance, the Assembly Education and Appropriation
Committees, and the Senate Education and Appropriation
Committees.
6) Requires the charter school to submit a plan for
improvement to the Los Angeles County Board of Education
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if it fails to meet the performance criteria established
by that board.
7) States that the Legislature finds and declares that a
special law is necessary and that a general law cannot
be made applicable because of the unique circumstances
resulting from the intensely urbanized nature of the
County of Los Angeles.
STAFF COMMENTS
1) Need for the bill : The SEA Charter School is similar to
a community day school and has served pupils in need of
assistance in Los Angeles County since 1977. The SEA
served 1,579 students in 2008-09, the most recent year
for which data are available, at 19 sites that are
located across the Los Angeles basin. Most of these
sites are located in neighborhoods served by the Los
Angeles Unified School District, but the SEA also has
school sites located in Compton, Montebello, and Long
Beach. In total, SEA serves students from about 30
school districts in the county.
Community day schools are typically operated by a county
office of education or a school district and serve
mandatory and other expelled students, students referred
by a school attendance review board, and other high-risk
youths. The 360-minute minimum instructional day
includes academic programs that provide curriculum and
individual attention to student learning modalities and
abilities. Community day schools generally have lower
student-teacher ratios and students benefit from support
services that include school counselors and
psychologists, academic and vocational counselors, and
pupil discipline personnel. Students also receive
services from county offices of education, law
enforcement, probation, and human services agency
personnel who work with at-risk youth. These programs
receive supplemental apportionment funding in addition
to the base revenue limit because of the high-needs
population they serve.
Compared to community day schools operated by most school
districts, SEA is large; the school's enrollment
accounted for 5.3% of the state's total enrollment in
community day and county community schools in 2008-09.
Extending the sunset date will allow these sites to
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continue to serve the high-risk youths who would not
have anywhere else to go to school.
2) Why is a sunset date necessary ? In addition to the
authority to approve charter school petitions that are
denied by a school district, county boards of education
may also approve charter schools that will serve pupils
for whom the county office of education would otherwise
be responsible for providing direct education and
related services. While the Los Angeles County Board of
Education could renew the SEA charter without benefit of
special legislation, legislation is necessary to
continue the authority for the SEA to be funded at the
same rates for the same categories of pupils as
community schools and community day schools in Los
Angeles County. Since this unique school requires
special provisions because it is both a charter and
community day school, it is appropriate for it to be
subject to additional public scrutiny through the
legislative process. Given that current law provides
for charter school renewals to for a period not to
exceed five years, does it make sense to extend the
authority beyond 2018? Staff recommends the bill be
amended to specify a sunset date of June 30, 2018.
3) Prior legislation .
AB 177 (Bass, Chapter 525, 2007) extended the statutory
authorization for SEA from June 30, 2008 to June 30,
2013. This measure was passed by this Committee on a
7-0 vote.
SB 1416 (Polanco, Chapter 467, 2002) extended the statutory
authorization for SEA from June 30, 2003 until June 30,
2008. This measure was passed by this Committee on a
12-0 vote.
AB 696 (Washington, Chapter 19, 2000) extended the statutory
authorization for SEA from through June 30, 2003. This
measure was passed by this Committee on a 12-0 vote.
SB 1318 (Polanco, Chapter 58, 1997) authorized the SEA to
operate under a charter approved by the Los Angeles
County Board of Education until June 30, 1999. This
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measure was passed by the Senate Education Committee on
a 9-0 vote.
SUPPORT
Atlantic Recovery Services
California Charter Schools Association
City of South Gate
Los Angeles County Board of Supervisors
Los Angeles Unified School District Board of Education
Soledad Enrichment Action Charter School
OPPOSITION
None received.