BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: SB 361
AUTHOR: Berryhill
INTRODUCED: February 15, 2011
FISCAL COMM: Yes HEARING DATE: March 23, 2011
URGENCY: No CONSULTANT:Daniel Alvarez
SUBJECT : Funding for the Center for Advanced Research and
Technology
(CART) a joint program of the Clovis and Fresno
Unified School
Districts.
SUMMARY
This bill makes permanent the funding formula for the
Center for Advanced Research and Technology (CART), by
deleting the July 1, 2012 sunset for this formula.
BACKGROUND
Current law specifically as it relates to CART:
Provides, commencing in 2008-09, the minimum schoolday for
a pupil concurrently enrolled in regular secondary school
classes and classes operated pursuant to a joint powers
agreement (JPA) that became effective prior to January 1,
2008, is 180 minutes and provides further that a pupil must
attend the full 180 minutes of class to generate a "day of
attendance "for purposes of funding. (Education Code
42238.20)
Provides that the 180 minute schoolday described above will
generate only three-quarters (75 percent) of a day of
attendance for the purpose of calculating average daily
attendance (ADA) but that the ADA generated by the pupil's
attendance may be claimed as part of a school district's
ADA.
Requires, starting in 2008-09, the Superintendent of Public
Instruction (SPI) shall compute funding for each pupil,
enrolled in classes pursuant to the JPA, by multiplying the
SB 361
Page 2
pupil's annual clock hours of attendance, up to a maximum
of three clock hours per schoolday, by an hourly rate that
is computed to represent an hourly equivalent of the
pupil's home district revenue limit.
Requires the SPI to add the funding computed (in #3 above)
to the revenue limit of the school district of attendance
of the pupil.
Deems for the purposes of computing attendance that a
pupil, in classes operated pursuant to the JPA, satisfies
the requirement that the pupil be under the immediate
supervision and control of a district employed teacher.
Requires as part of a school district's annual audit to
insure attendance funding is in compliance with conditions
specified for each school district that is party to the JPA
and funding reduced for noncompliance when applicable.
Requires that the number of hours of instruction at
regional occupational centers or programs that are claimed
for funding be used, in addition to specified hourly rates,
in the computation of the ADA of the regional occupational
center or program.
Sunsets the above provisions July 1, 2012.
Prohibits, commencing with the 2008-09 fiscal year, the
Center for Advanced Research and Technology operating
pursuant to a JPA between Clovis and Fresno Unified School
Districts from being eligible for funding under charter
school funding laws. The prohibition sunsets July 1, 2012.
(EC � 47612.7)
ANALYSIS
This bill eliminates the July 1, 2012 CART funding formula
sunset date and makes the funding formula of the program
permanent.
STAFF COMMENTS
1) The Center for Advanced Research and Technology (CART)
is a highly recognized linked-learning career
technical education center that is a partnership
between the Clovis and Fresno Unified School
SB 361
Page 3
Districts. The CART provides instruction to 11th and
12th grade pupils from both districts, with the pupils
spending half of their instructional day at the CART
and the other half in their regular district high
school. The CART model combines rigorous academics
with career clusters including professional sciences,
engineering, advanced communications and global
dynamics.
A preliminary findings, recently released (January
2011) by the Irvine Foundation shows that from
2002-2008 students who participated in CART had higher
percentage of enrollments in community colleges after
completing grade 12 and one year after high school.
After grade 12, 71 percent of students who
participated in CART attended a community college,
while 60 percent of a demographically similar group of
non-CART students attended community college. The
same percentage difference holds true one year after
high school.
2) The genesis of current statute was due to funding
irregularities that were deemed inappropriate. The
Center for Advanced Research and Technology (CART) was
established as a charter school in 1997 by a joint
powers agreement established between the Clovis
Unified School District and the Fresno Unified School
District.
The CART ran afoul of the law in that (1) the pupils
were in charter school classrooms only 50% of the day,
although they attended regular high school classes
during the other 50% (statute requires charter schools
to enroll pupils in classroom instruction for at least
80% of the school day); and (2) teachers from both
districts taught at the CART so pupils were not always
being instructed by employees of their home district
or the CART charter school (statute also provides that
school districts, and charter schools, may not claim
general purpose funding for the attendance of pupils
in classes that are not under the supervision and
control of a teacher that is an employee of the
district or charter school).
In 2006, the State Controller's auditors determined
SB 361
Page 4
that the charter school could not claim any funding
for that year, or any later year until the charter
school either complied with the law or was granted an
exception. The school's funding for 2006-07 was
authorized by Chapter 524 (SB 345, Aanestadt). The
2006 audit was settled without penalty, but a long
term solution was still needed.
In 2008, Chapter 762 (AB 2246, Villanes) codified the
current funding formula for the CART program. CART no
longer is charter school and AB 2246 contained a
provision specifying CART is not eligible to receive
funding under charter school funding provisions.
3) Eliminating the funding sunset is parallel to creating
entitlement funding for CART. As mentioned, the
preliminary findings indicate that CART holds promise
as a model for improving the college readiness of high
school graduates; however, the fiscal condition of the
state and with it the overall funding of K-12
education are facing perilous times, given this
condition it seems more prudent to extend, rather than
eliminate the sunset.
Staff recommends, rather than eliminating the funding
formula sunset as envisioned by this bill, ostensibly
creating a programmatic funding entitlement for the
CART program, extension of the current funding formula
for the CART program for a period not to exceed 5
years is a more reasonable alternative. In addition,
staff recommends that the sunset provision of
Education Code � 47612.7 (which prohibits CART from
receiving charter school funding) also be extended for
the same period of time.
SUPPORT
Clovis Unified School District
OPPOSITION
None received.
SB 361
Page 5