BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 298|
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                                 THIRD READING


          Bill No:  SB 298
          Author:   De León (D), et al
          Amended:  4/26/11
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  9-0, 4/13/11
          AYES:  Lowenthal, Runner, Alquist, Hancock, Huff, Liu, 
            Price, Simitian, Vargas
          NO VOTE RECORDED:  Blakeslee, Vacancy

           SENATE APPROPRIATIONS COMMITTEE  :  9-0, 5/26/11
          AYES:  Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley, 
            Price, Runner, Steinberg


           SUBJECT  :    Charter schools:  at-risk pupils:  Los Angeles 
          County Board
                      of Education

           SOURCE  :     Soledad Enrichment Action Charter School


           DIGEST  :    This bill extends the authorization for the Los 
          Angeles County Board of Education to charter the Soledad 
          Enrichment Action Charter School, from June 30, 2013, to 
          June 30, 2018.

           ANALYSIS  :    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 
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          Education-Community School Program" under the Los Angeles 
          County Office of Education.

          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 charted 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 require the 
          Legislative Analyst's Office (LAO) to evaluate the Soledad 
          Enrichment Action (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 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 come 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.

          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, 2018.

          2.Provides that authority of the charter school to operate 
            after June 30, 2013, shall be subject to approval by the 
            Los Angeles County Board of Education.

          3.Maintains the current authorization for the SEA charter 

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            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 ay 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 Appropriations 
            Committees, and the Senate Education and Appropriations 
            Committees.

          6.Requires the charter school to submit a plan for 
            improvement to the Los Angeles County Board of Education 
            if it fails to meet the performance criteria established 
            by the 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.

           Comments

           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 form support services that 
          include school counselors and psychologists, academic and 
          vocational counselors, and pupil discipline personnel.  
          Students also receive services form county offices of 
          education, law enforcement, probation, and human services 

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          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 percent 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 
          continue to serve the high-risk youths who would not have 
          anywhere else to go to school.

           Why is the 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.

           Prior Legislation

           AB 177 (Bass), Chapter 525, Statutes of 2007, extended the 
          statutory authorization for SEA from June 30, 2008 to June 
          30, 2013.  Passed the Senate with a vote of 38-0 on August 
          30, 2007.

          SB 1416 (Polanco), Chapter 467, Statutes of 2002, extended 
          the statutory authorization for SEA from June 30, 2003 
          until June 30, 2008.  Passed the Senate with a vote of 39-0 
          on August 27, 2002.

          AB 696 (Washington), Chapter 19, Statutes of 2000, extended 
          the statutory authorization for SEA through June 30, 2003.  

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          Passed the Senate with a vote of 38-0 on April 13, 2000.
           
           SB 1318 (Polanco), Chapter 58, Statutes of 1997, authorized 
          the SEA to operate under a charter approved by the Los 
          Angeles County Board of Education until June 30, 1999.  
          Passed the Senate with a vote of 37-0 on June 26, 1997.

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

                          Fiscal Impact (in thousands)

           Major Provisions             2011-12             2012-13         
              2013-14           Fund

           SEA sunset extension    Potentially substantial on-going 
          costs.        General*

          *Counts toward meeting the Proposition 98 minimum funding 
          guarantee

           SUPPORT  :   (Verified  5/26/11)

          Soledad Enrichment Action Charter School (source)
          Antonio Villaraigosa, Mayor, City of Los Angeles
          Atlantic Recovery Services
          California Charter Schools Association
          City of Huntington Park, Vice-Mayor Andy Molina
          City of Long Beach, Councilmember Dee Andrews
          City of South Gate, Councilmember Jorge Morales
          City of Los Angeles, Councilmembers Richard Alarcon, 
            Bernard Parks, Jose Huizar, and Ed P. Reyes
          Jon R. Gundry, Superintendent, Los Angeles County Schools
          Los Angeles County Board of Supervisors, Mark Ridley-Thomas 
            and Gloria Molina
          Los Angeles Unified School District, Board President Monica 
          Garcia


           ARGUMENTS IN SUPPORT  :    The SEA Charter School is similar 
          to a community day school and has served pupils in need of 
          assistance in Los Angeles County since 1997.  The SEA 
          served 1,579 students in 2008-09, the most recent year for 
          which data are available, at 19 sites that are located 

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          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.


          CPM:cm  5/27/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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