BILL ANALYSIS                                                                                                                                                                                                    �




                                                                  SB 1235
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          SENATE THIRD READING
          SB 1235 (Steinberg, et al.)
          As Amended  August 20, 2012
          Majority vote 

           SENATE VOTE  :23-12  
           
           EDUCATION           8-2         APPROPRIATIONS      12-5        
           
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          |Ayes:|Brownley, Norby, Ammiano, |Ayes:|Gatto, Blumenfield,       |
          |     |Buchanan, Butler, Carter, |     |Bradford,                 |
          |     |Eng, Williams             |     |Charles Calderon, Campos, |
          |     |                          |     |Davis, Fuentes, Hall,     |
          |     |                          |     |Hill, Cedillo, Mitchell,  |
          |     |                          |     |Solorio                   |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Grove, Wagner             |Nays:|Harkey, Donnelly,         |
          |     |                          |     |Nielsen, Norby, Wagner    |
           ----------------------------------------------------------------- 
           
          SUMMARY  :  Encourages schools to implement evidence-based and 
          other schoolwide strategies for the purpose of reducing the 
          suspension rate if the number of pupils suspended out of the 
          school's enrollment or any numerically significant pupil 
          subgroup is above a specified threshold; and, requires the 
          Superintendent of Public Instruction (SPI) and California 
          Department of Education (CDE) to provide training and technical 
          assistance on the implementation of evidence-based schoolwide 
          strategies to address school climate.  Specifically,  this bill  :  
            

          1)Encourages, beginning with the 2013-14 school year, a school 
            district with a school where the number of pupils receiving 
            off-campus suspensions during the prior school year exceeded 
            25% of the school's enrollment or any numerically significant 
            pupil subgroup of the school's enrollment to implement, for a 
            minimum of three years, at least one of the following 
            strategies to reduce the suspension rate or 
            disproportionality: 

             a)   An evidence based system of schoolwide positive 
               behavioral interventions and supports (PBIS) that employs 









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               school-level information about the behavioral and academic 
               history of pupils to define and implement systems of 
               support and interventions at the school, classroom and 
               individual levels and is aimed at improving the social, 
               emotion and academic success for all pupils; or, 

             b)   Other schoolwide strategies that are evidence based and 
               designed to address school climate in order to create 
               learning environments where teachers can teach and pupils 
               can learn and to reduce suspensions from classrooms and the 
               school.

          2)Requires the SPI to invite a school's leadership team to 
            attend an annual regional forum if the percentage of pupils 
            suspended off campus out of the school's total enrollment or 
            any numerically significant pupil subgroup exceeds the 25% 
            threshold set in paragraph 1) during the 2013-14 school year 
            or the following thresholds for subsequent years: 

             a)   23% in 2014-2015;

             b)   21% in 2015-2016;

             c)   19% in 2016-2017;

             d)   17% in 2017-2018; and,

             e)   15% in 2018-2019 and each school year thereafter. 

          3)Requires the SPI to provide technical assistance and training 
            at three annual regional forums each year for the 2013-14, 
            2014-15, 2015-16, 2016-17, and 2017-2018 school years for 
            schools that exceed the thresholds described in paragraphs 1) 
            or 2).

          4)Specifies that the purpose of the annual regional forums shall 
            include, but not be limited to: 

             a)   Providing training regarding implementation of 
               schoolwide evidence-based strategies;

             b)   Using data to create positive school climates and to 
               assist with data-based decision making;










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             c)   Sharing resources and evidence-based practices, engaging 
               community, and building capacity for alternatives to 
               off-campus suspensions; 

             d)   Identifying gaps and weaknesses in services; 

             e)   Identifying and sharing solutions and best practices at 
               the local level and exposing schools to other school 
               leaders, experts, and educators in California and 
               nationally who are successfully implementing evidence-based 
               strategies; and, 

             f)   Evaluating the efficacy of strategies adopted. 

          5)Requires the SPI, on an annual basis, to invite schools whose 
            off-campus suspension rates exceed the applicable threshold in 
            paragraphs 1) or 2) to send a school leadership team that 
            includes the school principal and other administrators 
            responsible for implementing alternatives to excessive 
            suspensions to the applicable regional forum. 

          6)Requires the SPI to annually provide the State Board of 
            Education (SBE) with the names of the schools invited to 
            attend a regional forum and the annual rate of reduction or 
            increase in each school's off-campus suspensions.

          7)Requires CDE to provide technical assistance regarding the 
            implementation of schoolwide evidence-based strategies for 
            schools whose off-campus suspension rates exceed the 
            applicable threshold in paragraphs 1) or 2). 

          8)Authorizes the SPI to use any appropriate state, federal, or 
            private funding sources to support these activities and 
            authorizes the CDE to provide information regarding additional 
            schoolwide strategies that meet the criteria for 
            evidence-based strategies. 

          9)Expresses the intent of the Legislature to encourage all 
            schools to examine alternatives to off-campus suspensions that 
            lead to resolution of pupil misconduct without sending pupils 
            off campus and to address disproportionate rates of off-campus 
            and in-school suspensions; and, specifies that schools using 
            strategies described in paragraph 1) are not precluded from 
            suspending pupils to an off-campus site. 









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          10)Authorizes a school district to use appropriate state or 
            federal funding sources to support the evidence-based 
            schoolwide strategies required of schools whose suspension 
            rates are above the applicable threshold rates specified in 
            paragraphs 1) or 2). 

          11)Defines a "numerically significant pupil subgroup" as any 
            racial and ethnic subgroups, gender-based subgroups, 
            socioeconomically disadvantaged pupils, English learners or 
            pupils with disabilities that meet one of the following 
            criteria: 

             a)   The subgroup consists of at least 100 pupils enrolled at 
               the school; or, 

             b)   The subgroup constitutes at least 50 pupils and 
               constitutes at least 15% of the total population of pupils 
               enrolled at the school. 

          12)Deletes provisions in existing law encouraging schools with 
            suspension rates of higher than 30% of the school's enrollment 
            to implement a supervised suspension program or a progressive 
            discipline approach that could include:

             a)   Conferences between school staff, parents and pupils;

             b)   Referrals to the school counselor, psychologist, child 
               welfare attendance personnel, or other school support 
               staff;

             c)   Detention; and, 

             d)   Study teams, guidance teams, resource panel teams, or 
               other assessment related teams. 

           FISCAL EFFECT  :  The Assembly Appropriations Committee estimates 
          annual General Fund administrative costs, likely between 
          $150,000 and $250,000, to the CDE to provide technical 
          assistance and training to schools that exceed pupil suspension 
          rates pursuant to this bill.  Actual costs will depend on the 
          number of schools who meet this requirement and attend the 
          annual conference referenced in the bill.  In addition, the 
          Assembly Appropriations Committee estimates potential, unknown 









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          General Fund and Proposition 98 cost pressure, likely in the 
          millions to school districts to implement specified 
          intervention/support strategies for a minimum of three years at 
          a schoolsite where the number of pupils receiving off-campus 
          suspensions exceeds 25% of the school's enrollment, as 
          specified.  There were 9,985 schools in the 2010-11 school year. 


           COMMENTS  :  This bill seeks to reduce the suspension rate in 
          California schools by encouraging schools with high suspension 
          rates to develop and implement schoolwide strategies for 
          improving school climate.  It provides schools with two options 
          for implementing schoolwide climate improving strategies. The 
          school may opt to employ either a PBIS approach or another 
          evidence-based approach designed to address school climate.  
          Whichever strategy is chosen, it is encouraged that the strategy 
          be implemented for a minimum of three years. 


          Option 1:  Positive behavior intervention and support:  The PBIS 
          approach focuses on setting specific behavioral expectations for 
          students that reflect desirable behavior.<1> When students 
          uphold these positive behavioral expectations, they are rewarded 
          and the positive habits are reinforced through schoolwide 
          systems.  It is a proactive approach that involves the whole 
          school community and seeks to prevent misbehavior by rewarding 
          and recognizing desired student behavior.  Numerous studies and 
          reports verify and highlight the effectiveness of PBIS programs 
          at improving school climate and leading to greater student 
          success. 
           
           Option 2:  Other evidence based schoolwide strategies to improve 
          school climate:  Instead of implementing a PBIS program, this 
          bill also authorizes schools to use other schoolwide strategies, 
          such as a Restorative Justice program, that are evidence based 
          and designed to address school climate in order to create 
          positive learning environments. 

          Schoolwide strategy requirement threshold:  This bill focuses 
          explicitly on schools that suspend off-campus a percentage of 
          the total school population or a percentage of a numerically 
          significant pupil subgroup that exceeds the set threshold rate 


          ---------------------------
          <1> U.S. Department of Education, National Technical Assistance 
          Center on Positive Behavioral Interventions and Supports. 2012. 








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          for that year. The threshold rate gradually declines over time.  
          Initially, the threshold is an off-campus suspension rate of 25% 
          or higher.  In subsequent years, the threshold is reduced each 
          year until it reaches an off-campus suspension rate of 15% or 
          higher. Once the threshold is an off-campus suspension rate of 
          15% or higher, it will remain at this level over time.  Pushing 
          all of California's schools to reduce their off-campus 
          suspension rates below 15% or to be implementing schoolwide 
          strategies to improve school climate is a positive change that 
          would likely benefit many students across the state.  

          Regional forums to provide training and technical assistance:  
          This bill requires the SPI to provide technical assistance and 
          training at three annual regional forums each year from 2013-14 
          through 2017-18. These forums will be specifically for schools 
          with off-campus suspension rates that exceed the specified 
          threshold rate for that year. The purpose of these forums is to 
          provide training on implementing schoolwide evidence-based 
          strategies, using data to create positive school climates, 
          sharing resources and evidence-based practices, identifying gaps 
          and weaknesses in services, identifying and sharing solutions 
          and best practices, and evaluating the efficacy of strategies 
          adopted. The SPI will invite all schools with suspension rates 
          above the given threshold to have their school leadership team 
          attend the applicable regional forum.  In addition, the SPI will 
          provide the SBE with a list of the names of schools who attend 
          and the annual rate of reduction or increase in each school's 
          suspension rates.  Further, the CDE will provide technical 
          assistance regarding the implementation of schoolwide strategies 
          to all schools whose suspension rates exceed the thresholds laid 
          out in this bill.  This bill allows the SPI to use state, 
          federal or private funding sources to support these activities. 

          Numerically significant pupil subgroups:  This bill also 
          requires schools to comply with the requirements of this bill 
          when the off-campus suspension rate for any numerically 
          significant pupil subgroup is above the given threshold.  This 
          bill identifies subgroups in five overarching categories that 
          generally align with those used to report California's Academic 
          Performance Index (API).  These subgroups include subgroups 
          based on race and ethnicity, gender, socioeconomically 
          disadvantaged pupils, English learners, and pupils with 
          disabilities. 










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          Additionally, this bill requires a subgroup from the groups 
          specified above to meet two criteria in order to be considered a 
          "numerically significant pupil subgroup." The current definition 
          is consistent with the structure in place with the API and 
          requires one of the two following conditions to be met: 

          1)The subgroup consists of at least 100 pupils enrolled at the 
            school.

          2)The subgroup constitutes at least 15 percent of the total 
            population of pupils enrolled at the school and consists of at 
            least 50 pupils enrolled at the school. 


           Analysis Prepared by  :    Mark Murphy and Sophia Kwong Kim / ED. 
          / (916) 319-2087


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