BILL ANALYSIS                                                                                                                                                                                                    �






                         SENATE COMMITTEE ON EDUCATION
                             Alan Lowenthal, Chair
                           2011-2012 Regular Session
                                        

          BILL NO:       SB 532
          AUTHOR:        Hernandez
          AMENDED:       March 21, 2011
          FISCAL COMM:   Yes            HEARING DATE:  April 13, 2011
          URGENCY:       No             CONSULTANT:Kathleen Chavira

           SUBJECT  :  Advanced Placement Program
          
           SUMMARY  

          This bill requires, beginning in 2013-14, that school 
          districts offer Advanced Placement (AP) courses in five 
          specified areas of study at each high school in the 
          district that did not offer those courses during the 
          2012-13 school year; requires some school districts to 
          consider alternative means of providing these courses, 
          including "high quality on-line courses," and requires the 
          California Community Colleges (CCC)  and the California 
          State University (CSU) to grant specified course credit to 
          students who achieve specified scores on International 
          Baccalaureate (IB) exams.

           BACKGROUND  

          The Advanced Placement (AP) program was established over 40 
          years ago by the College Board, a national nonprofit 
          organization. AP consists of college-level courses in 21 
          subject areas. AP programs provide incentives for public 
          high schools in California to provide access to rigorous, 
          college-level courses for interested and prepared students. 
          With such programs, students may pursue college-level work 
          while still in secondary school and receive college credit, 
          advanced academic standing, or both. 

          Current law makes a number of findings regarding AP 
          courses, and declares the Legislature's intent that state 
          funding be made available to provide financial assistance 
          to economically disadvantaged pupils in the payment of AP 
          examination fees. Current law authorizes a school district 
          to use Economic Impact Aid funding for this purpose and 
          also establishes a program, to be administered by the 




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          California Department of Education (CDE), for the purpose 
          of awarding grants to cover the costs of AP fees or IB exam 
          fees, or both, for eligible economically disadvantaged high 
          school pupils. This grant program sunsets on January 1, 
          2013. (Education Code 52240-52244)

          Current law recognizes the IB Diploma and declares the 
          Legislature's intent to establish incentives to encourage 
          high schools to offer, and students to enroll in, and 
          complete these programs. Current law also requires the 
          Superintendent of Public Instruction (SPI) to annually 
          allocate up to $25,000 for school districts for each 
          participating high school and middle school for 
          professional development costs and to pay testing fees for 
          financially needy students, pursuant to annual Budget Act 
          funding.  (Education Code �52920-52922) 

          Funding for both the AP grant program and IB professional 
          development costs is now currently in categorical program 
          flexibility pursuant to SBX3 4 (Chapter 12, Statutes of 
          2009).

           ANALYSIS
           
           This bill  :

          1)   Requires, beginning with the 2013-14 school year, that 
               school districts offer advanced placement (AP) courses 
               in five specified areas of study (English, History, 
               Foreign Language, Mathematics, Science) at each of its 
               high schools that did not offer those courses during 
               the 2012-13 school year.

          2)   Requires a school district to consider alternative 
               means for providing these courses if an AP teacher is 
               unavailable or if fewer than 10 pupils would be 
               enrolled in the course.

          3)   Provides that "alternative means" include, but not be 
               limited to high quality online courses.

          4)   Provides that a "high quality online course" must meet 
               the following requirements:

                    a)             Be approved and certified by the 
                    local educational agency's (LEAs) governing body, 




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                    through a board adopted resolution, to be as 
                    rigorous as a classroom based course and to meet 
                    or exceed state content standards.
                
                    b)             Be offered either synchronous or 
                    asynchronous subject to specified requirements.

                    c)             Meet or exceed the same ratio of 
                    full-time equivalent certificated teachers to 
                    pupils as that in traditional classroom study of 
                    the same subject matter, as specified.

                    d)             Maintain the same course content 
                    in the online course as that for the traditional 
                    class room-based course when a course of the same 
                    title exists within the LEA. 

                    e)             Be taught by a teacher that is 
                    appropriately subject matter credentialed and 
                    meets highly qualified teacher requirements under 
                    specified federal law.

                    f)             Report and assign statewide 
                    testing results to the LEA enrolling the student 
                    in regular classroom courses.



                    g)             Be offered by a high school, 
                    continual school county office of education, or 
                    charter school.

               h)        Prohibit the following:

                           i)                  Assignment of a 
                         student to an online class on other than a 
                         voluntary basis and with parental consent 
                         prior to enrollment.

                           ii)     Denial of access on the basis that 
                         the student lacks the necessary hardware or 
                         software.

                           iii)    Charging the student for 
                         participation in the course.





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                    i)             Tests pupils by proctor or other 
                    reliable methods that insure integrity, maintains 
                    records of pupil work and uses the same methods 
                    and assessments as classroom-based courses.

                    j)             Maintain, at the LEA, 
                    contemporaneous records of the time spent by the 
                    pupil in the course and related activities, and 
                    the time the teacher is online.

          5)   Requires the CCC and the CSU to grant students who 
               scored 5, 6, or 7 on an IB exam the same amount of 
               course credit to students who score 4 or 5 on the 
               equivalent AP exams.

           STAFF COMMENTS  

           1)   Need for the bill  .  According to the author current 
               law encourages but does not require students to take 
               challenging AP and honors courses. Access to these 
               courses/programs continues to be limited because there 
               are no standards or requirements for schools to 
               satisfy. In addition, the author contends that the CCC 
               and the CSU do not have a consistent process and/or 
               policy in place to award credits for students who have 
               completed IB courses. This bill requires that IB 
               courses be granted the same credit as equivalent AP 
               courses.

           2)   Status of AP course offerings in CA high schools  ? 
               According to the CDE, 36 different kinds of AP courses 
               were offered in over 1,000 California high schools in 
               2008-09. Approximately 470,000 students statewide 
               enrolled in over 17,000 classes. While the number and 
               type of courses offered vary across the state and 
               within schools, courses in AP English Language, 
               English Literature and Composition, Spanish, Calculus, 
               Biology, US Government and Politics and US History, 
               were offered by over 500 schools.

           3)   Differential access to rigorous college preparatory 
               curriculum  .  Both UC and CSU require students to take 
               a minimum of 15 "a-g" pattern of courses to become 
               eligible to attend one of their institutions. Although 
               AP courses can meet the a-g requirements, a course 
               does not have to be designated as AP in order to meet 




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               these eligibility requirements. 

               According to a 2006 report by UC ACCORD and UCLA/IDEA, 
               Removing the Roadblocks: Fair College Opportunities 
               for All California Students, fewer than half (45%) of 
               the state's comprehensive high schools provided all 
               students a sufficiently rigorous academic curriculum 
               because they failed to offer enough college 
               preparatory (a-g) classes to enable all students to 
               take them. These shortages are reportedly much more 
               likely in schools where African American and Latino 
               students are in the majority. In its January 2010 
               report, Conditions, Opportunities, and Outcomes in 
               California Public Schools, it was noted that in 22.8% 
               of high schools, more than 20% of college preparatory 
               courses are taught by teachers teaching outside their 
               subject area expertise. 

               While some districts have adopted the a-g curriculum 
               as the mandatory course pattern required for 
               graduation the state does not currently require 
               districts to offer this curriculum. Is it reasonable 
               to require districts that may not yet offer sufficient 
               a-g courses to offer AP courses?

           4)   At the expense of?..what  ? Current law requires the 
               adopted course of study for grades 7-12 to include 
               courses in specified subject areas, and other studies 
               as may be prescribed by the local governing board. 
               This committee has historically resisted legislation 
               that restricts a local governing board's discretion to 
               offer the courses that best meet the needs of their 
               students, whether these are a-g college preparatory 
               courses or Career Technical Education courses. Given 
               the state's current budget situation, rather than 
               expanding current course offerings to include AP 
               courses, this bill could result in the elimination of 
               other course offerings in order to meet the 
               requirements of the bill.  Are AP courses the highest 
               priority of this committee?
                
            5)   Mandate  . Legislative Counsel has identified 
               potentially reimbursable state-mandated costs. The 
               bill has been drafted to apply its provisions to 
               schools who did not offer AP courses in at least 5 
               subject areas in 2012-13, raising a number of 




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               questions. Does the bill create an inequity by 
               rewarding districts who did not offer sufficient AP 
               courses while penalizing districts that did? Does the 
               bill create an incentive for eliminating AP course 
               offerings in 2012-13 in order to be able to claim 
               mandated costs in the future? Would a district that 
               offered the prescribed courses prior to the bill's 
               enactment be able to pursue reimbursement for courses 
               it must maintain in order to be in compliance with the 
               bill's provisions, or is that school relieved of any 
               obligation to offer those courses in the future?
                
            6)   On-line courses  .  Currently, districts may offer 
               online curriculum either in a classroom setting, 
               through independent study, or through a charter 
               school. 
               This bill establishes requirements to be met in order 
               to be considered an "online high quality course" for 
               purposes of offering AP courses. While not explicit, 
               it appears to be the intent to authorize ADA funding 
               for classes that might not otherwise qualify for state 
               support. 

               The provisions of this bill relative to "high quality 
               online courses" are similar to those proposed in AB 
               2027 (Blumenfield, 2010), which passed this committee 
               by a vote of 8-0 in June 2010 and was subsequently 
               held under submission in the Senate Appropriations 
               Committee. A similar bill AB 802 (Blumenfield) is 
               currently awaiting hearing in the Assembly Education 
               Committee. 

               The issues raised regarding the funding and quality of 
               online courses apply whether or not the course being 
               offered is for AP purposes. Shouldn't a single policy 
               govern the standards of quality and funding for any 
               online course offered by a school district? It is 
               unclear why a separate standard for funding online AP 
               courses is necessary. Staff recommends the bill be 
               amended to delete the provisions relative to online AP 
               course offerings.

           7)   What options currently exist  ?  What can schools that 
               offer few AP courses do to help their students access 
               this or other rigorous curriculum? The following offer 
               some options: 




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                        The UC has adopted an online policy intended 
               to be flexible
                     enough to accommodate synchronous, asynchronous, 
                    and blended online course providers, while 
                    addressing issues of quality. In addition to 
                    providing a list of UC approved online providers, 
                    in June 2010, the UC adopted a policy authorizing 
                    high school principals to certify that non-UC 
                    approved online courses are comparable to other 
                    college preparatory courses offered at the high 
                    school, thereby allowing for their recognition in 
                    the UC application and admissions process. 

                        The UC College Prep Online (UCCP) provides 
               access to UC 
                    faculty-developed courses aligned to California 
                    content standards and "a-g" requirements and that 
                    have passed a College Board AP audit.  These 
                    courses may be licensed by California schools, 
                    school districts and county offices of education 
                    at no cost. 

                        The California Virtual Campus (CVC) 
               develops, constructs, and 
                    maintains services and relationships that support 
                    distance education efforts at all California 
                    colleges for all students. CVC partners with K-12 
                    schools, community colleges, CSUs, UCs, private 
                    universities, and other CCC projects to support 
                    the development of high-quality online courses 
                    and programs and services. The UC recognizes 
                    certain CVC courses as satisfying a-g 
                    requirements for eligibility and admissions 
                    purposes.

                        K12HSN, a state program funded by the CDE, 
               offers Calaxy, a 
                    comprehensive set of tools to support teaching 
                    and learning in California classrooms. Among 
                    other things, it provides free access to 
                    multimedia tools for AP courses available through 
                    UCCP. These lessons are intended to supplement a 
                    teacher's instructional delivery in traditional 
                    courses. 





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               Staff recommends the bill be amended to delete the 
               mandated offering of AP courses and instead require 
               the SPI to update the CDE website to expand the 
               information currently provided on AP to include 
               information on the various means available to school 
               districts to offer or access these courses. Staff 
               further recommends that the SPI be directed to 
               communicate with high schools that offer AP courses in 
               fewer than 5 subjects, the various options for making 
               these and other rigorous courses available to students 
               that may benefit from them.

           1)   Prescribing course credit in statute  ? This bill 
               requires that the local governing board of a community 
               college district and the CSU assign the same academic 
               credit given for AP courses to equivalent IB courses. 
               Notwithstanding the reputation for quality associated 
               with IB programs, determination of academic credit for 
               coursework has traditionally been the purview of the 
               Academic Senates of the respective institutions. 

               In June 2003, the UC Academic Senate reviewed and 
               compared all IB and AP curriculum guides and developed 
               a list of honors designations for IB classes. In May 
               2009, the Academic Senate of the CSU adopted a 
               resolution to encourage its faculty to develop 
               systemwide standards for acceptance of IB courses and 
               exams for baccalaureate and general education credit. 
               In 2009, the Academic Senate of the CCC adopted a 
               resolution to develop a systemwide policy regarding 
               the use of IB exams for meeting general education 
               requirements, to encourage local academic senates to 
               adopt the policy and, in fall 2010, to make this 
               information available in college catalogs, schedules 
               and websites.  

               Staff recommends the bill be amended to delete the 
               current language in Section 3 of the bill and to 
               instead encourage the Academic Senates of each of the 
               public systems of higher education to continue their 
               efforts to adopt consistent systemwide guidelines for 
               the acceptance and granting of credit for IB 
               coursework. 

           SUPPORT 





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          Advancement Project
          California Association of International Baccalaureate World 
          Schools
          California Immigrant Policy Center
          College Board

           OPPOSITION

           None received.