BILL ANALYSIS �
AB 1955
Page 1
Date of Hearing: April 9, 2014
ASSEMBLY COMMITTEE ON EDUCATION
Joan Buchanan, Chair
AB 1955 (Pan) - As Amended: March 28, 2014
[Note: This bill is double referred to the Health Committee and
will be heard by that committee as it relates to issues under
its jurisdiction.]
SUBJECT : Healthy Kids, Healthy Minds Demonstration.
SUMMARY : Establishes the Healthy Kids, Healthy Minds
Demonstration Project to increase the Local Control Funding
Formula (LCFF) base grant amounts for participating schoolsites
that employ one full-time school nurse, one full-time mental
health professional, and ensure that the schoolsites' libraries
are open one hour before, and three hours after, the regular
schoolday. Specifically, this bill :
1)Requires the Superintendent of Public Instruction (SPI) to
implement the demonstration for the period of September 1,
2015, to December 31, 2018, inclusive; specifies that a local
educational agency (LEA) is eligible to participate in the
demonstration if it has a percentage of pupils, who are either
classified as an English learner, eligible for a free or
reduced-price meal, or are a foster youth, in excess of 55
percent of the LEAs total school enrollment; and, specifies
that if an LEA does not meet this requirement but individual
schoolsites within the LEA do meet the requirements, those
schoolsites shall be allowed to apply and participate.
2)Requires LEAs to, at a minimum, demonstrate all of the
following to participate in the demonstration:
a) The LEA meets the specified pupil requirements and is
able to achieve the goal of the demonstration with current
and additional local funds.
b) The LEA can meet the goal of employing one-full time
nurse and one full-time mental health professional, and
provide the extended library hours, for three fiscal years.
c) The LEA can show that the proposed use of the funds
provided under the demonstration is consistent with its
local control and accountability plan.
3)Requires applicants selected to participate in the
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demonstration to receive a 5% increase in their base grant per
unit of average daily attendance (ADA) for kindergarten and
grades 1 to 8, inclusive, as certified on July 20 for each
budget year and calculated for purposes of the advance
principal apportionment; requires applicants selected to
participate in the demonstration to receive a 2% increase in
their base grant per unit of average daily attendance for
grades 9 to 12, inclusive, as certified on July 20 for each
budget year and calculated for purposes of the advance
principal apportionment; and, requires, upon appropriation by
the Legislature, the SPI to reserve funds each year necessary
to operate the demonstration, and establish a separate account
from which to apportion the additional base grant amounts to
LEAs.
4)Requires participating LEAs, with assistance from the
California Department of Education (CDE), to collect and
aggregate data from schoolsites under the jurisdiction of the
LEA that measures changes in pupil absenteeism, school
climate, reductions in incidence of violence, successful
intervention against suicide attempts and pupil bullying,
changes in health status among high-needs pupils, such as low
income, English learners, and foster youth, general pupil
outcomes and achievement, and other relevant benchmarks as
defined and determined by the state board; and, requires the
CDE to compile, analyze, and present the results of the
demonstration to the Legislature and the state board no later
than August 31, 2018.
5)Encourages participating LEAs to offer library programs that
may include, but are not limited to, reading circles, tutoring
programs, online research, parent engagement or classes, and
parent outreach for homework assistance; requires, to the
extent feasible, schoolsites to make every effort to offer
library programming with the participation of certified
bilingual staff that aims to serve the language needs of its
local community; and, requires participating LEAs or
individual schoolsites to ensure that programs are adequately
staffed by qualified personnel, but may also include adult
volunteers who are approved by the schoolsite.
6)Specifies that this program shall not be interpreted to modify
existing law or school policy regarding what staff
classification is permitted to operate libraries, which
includes levels of certificated and classified staff, to
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include media technicians and library aides.
7)Authorizes the CDE to adopt emergency regulations for purposes
of this section, including, but not limited to, the process
for selecting applicants to participate in the demonstration,
and the adoption of the emergency regulations shall be deemed
to be an emergency and necessary for the immediate
preservation of the public peace, health and safety, or
general welfare.
8)Specifies that this program will remain in effect until
January 1, 2019 and as of that date is repealed.
9)Requires the Department of Health Care Services (DHCS) and the
CDE to cooperate and coordinate efforts in order to maximize
receipt of federal financial participation under the
Administrative Claiming process; and specifies to the extent
permitted by federal law, funds used by LEAs under the local
control funding formula, including funds used for the
demonstration project, may be included in expenditures
certified.
10)Requires DHCS, through an interagency agreement with the CDE,
to provide technical advice and consultation to LEAs
participating in the demonstration project, in order to help
set up accounting systems, conduct initial staff time studies,
and any other necessary requirements to certify and bill valid
claims for allowable activities under the Administrative
Claiming process; specifies that any entity contracted by the
DHCS, a LEA or educational consortium shall be a public agency
or incorporated as a nonprofit agency or public benefit
corporation under state law; and, requires the DHCS to seek
any necessary federal approvals to implement this subdivision.
11)Makes Legislative findings and declarations that:
a) School-based health services lead to academic
improvements, better attendance, reduced suspension and
expulsion rates, and lower dropout rates; and, that only 2%
of California's schools have a school-based health center
and 57% of California school districts report not having
any full-time school nurse.
b) The ratio of pupils to school nurses in California is
2,815 to 1, and the National Association of School Nurses
recommends that school districts provide one nurse for
every 750 well pupils.
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c) The ratio of pupils to school psychologists in
California is 1,469 to 1, and the National Association of
School Psychologists' Practice Model recommends a ratio of
one psychologist for every 500-700 pupils.
d) Research shows that when children have access to
libraries with plenty of books and adequate staffing, they
read more and do better on reading tests; and, that
California ranks 51st nationally, including the District of
Columbia, in the number of pupils per librarian.
e) Given the promise of education reform, the scarcity of
health professionals in the schools, and the steady decline
in numbers of library staff, the state must find innovative
ways to spend its limited fiscal resources and leverage
federal funding, in order to facilitate for local
educational agencies the task of connecting health services
to schools, and assist in returning schools and school
libraries to their traditional missions as centers of
learning and community life.
EXISTING LAW :
1)Expresses Legislative intent that the governing board of each
school district and each county superintendent of schools
maintain fundamental school health services at a level that
allows them to preserve a pupil's ability to learn, fulfill
existing state requirements and policies regarding pupils'
health, and contain health care costs through preventive
programs and education. (Education Code (EC) 49267)
2)Defines a school nurse as a registered nurse (RN) currently
licensed under the Nursing Practices Act, who has completed
the additional educational requirements for, and possesses a
current credential in, school nursing. (EC 49426)
3)Specifies the qualifications for a school nurse to be a valid
certificate of registration by the Board of Nurse Examiners of
the State of California or the California Board of Nursing
Education and Nurse Registration and a health and development
credential, a standard designated services credential with a
specialization in health, or a services credential with a
specialization in health. Specifies the services credential
with a specialization in health authorizing service as a
school nurse shall not authorize teaching services unless the
holder also completes the requirements for a special class
authorization in health in a program that is approved by the
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Commission on Teacher Credentialing (CTC). Specifies on and
after January 1, 1981, the qualifications for a nurse shall
also include proof satisfactory to the school district that
the nurse has acquired training in child abuse and neglect
detection. (EC 44877)
4)Requires the CTC to award credentials for school services, for
positions including, but not limited to, administrators,
school counselors, speech-language therapists, audiologists,
school psychologists, library media teachers, supervisors of
attendance, and school nurses. (EC 44225)
FISCAL EFFECT : Unknown
COMMENTS : This bill implements a pilot program for school
districts and individual school sites to receive grant funding
to hire one school nurse, one mental health professional and to
keep libraries open one hour before and three hours after
school. The bill increases school funding in the LCFF by 5% for
elementary schools and 2% for secondary schools to fund this
program. According to the California Federation of Teachers, it
is estimated that schools will need approximately $200,000 per
year to fund these new certificated positions and the intent is
for the grant program to provide approximately half of those
funds.
According to the author, "Research shows a direct link between
having school-based health and other support services and
student success. For example, studies have shown that having
school-based health services can lead to academic improvements,
improved attendance, reduced suspension and expulsion rates and
lower dropout rates. Similarly, studies show that school library
programs and the presence of school librarians can make huge
differences in student success, literacy, information technology
skills and overall academic achievement. AB 1955 takes advantage
of the Local Control Funding Formula and available Medicaid
federal funds to bring health services and more support to
EC/K-12 schools."
Staff to Student Ratios : According to the California Federation
of Teachers, "The ratio of students to school psychologists in
California is 1,469-to-1. The National Association of School
Psychologists' Practice model recommends a ratio of one school
psychologist to every 500-700 students. The ratio of students
to school social workers in California is 14,772-to-1. The
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school Social Work Association of America recommends a general
ratio of 250 students to one social worker, depending on the
characteristics and needs of the student population (students
with intensive needs would require a lower ratio). California
schools student-to-librarian ratio is more than 9 times the rest
of the US, which had a national average of 872 students per
librarian."
According to the author, "California schools are lacking the
level of pupil support personnel needed to adequately support
our students and teachers and provide the type of school
environment California students need to thrive. For 2012 the
ratio of students-to-pupil support personnel in California was:
Nurses- 2815: 1
Librarians- 8137:1
Psychologists- 1469:1
Social Worker- 14772:1
These ratios put California far behind other states and is below
recommended ratios for these critical support services in
schools. For example, California ranks 51st nationally in the
number of students per guidance counselors and 51st nationally
in the number of students per librarians. In terms of the ratio
of nurses to students, the National Association of School Nurses
(NASN) among others recommends that school districts provide one
nurse for every 750 well students and one nurse for every 225 in
the student populations that may require daily professional
school nursing services. In addition the research shows that
school nurses are considered to be one of the most trusted
adults on school campuses. California ranks 45th in the ratio of
school nurses to students."
Lack of trained and certified individuals : The implementation
of this pilot grant program would likely require an increased
number of trained school nurses, psychologists, social workers
and librarians. It is unclear if enough credentialed employees
would be available to take on these new positions or if the
augmentation of recruiting efforts for these specific
credentialed employees would be required. According to the
Commission on Teacher Credentialing, in 2009, 231 preliminary
credentials were issued for school nurses. Since 2009, the
number of preliminary credentials issued fell to 168 and in the
most recent year rose to 362. The number of school psychology
credentials issued was consistent from 2009 to 2011 at around
300 per year, and rose in recent years to 438. The number of
school social work credentials issued in 2009 was 219 and has
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fallen to 185 in recent years.
LCFF Funding : The schools made eligible for this grant program
(districts and/or schools with a percentage of pupils, who are
either classified as an English learner, eligible for a free or
reduced-price meal, or are a foster youth, in excess of 55
percent of the LEAs total school enrollment) are the same
schools that currently receive a 20% supplemental grant increase
over their base grant in addition to a 50% concentration factor
for all pupils over the 55%, and those funds are designed to pay
for services such as those listed in this bill. The committee
should consider whether it is necessary to create a specialized
grant program for this purpose. The committee should also
consider whether a program like this should be funded through
LCFF or through a separate appropriation by the Legislature.
Implementation Questions : The bill specifies that the pilot
project shall commence on September 1, 2015 and end on December
31, 2018. Typically, educational programs start and end on July
1st so that they can run the course of an entire school year and
a summer start date minimizes the impact to year round schools.
Further, it is unclear why this project ends in the middle of
the 2017-2018 school year. The committee should consider whether
this project should commence and end on July 1st.
The bill specifies that school districts shall collect data, and
that CDE shall analyze the data, but there isn't a requirement
for school districts to send the data to CDE. The committee
should consider whether to require the transmittal of data to
the CDE. Further, the bill requires CDE to analyze the data
approximately 6 months before the project ends. It is unclear
why the data would be analyzed before the end of the project.
The committee should consider changing the date that the final
report is due to the Legislature to better align with the end of
the project, in addition to allowing time for preparation of the
report.
The bill requires participating school districts to employ one
mental health professional but that term is not defined in the
bill. The committee should consider defining mental health
professional to include school psychologists and social workers.
Since the State Board of Education (SBE) adopted regulations
pertaining to LCFF, the committee should consider authorizing
the same body to adopt regulations pertaining to this bill since
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it is funded with LCFF.
The bill specifies that an LEA must demonstrate that they can
achieve the goals of the program using existing local funds;
however, that was a drafting error. The committee should
consider clarifying that LEAs must demonstrate that they can
achieve the goals of the program using a combination of existing
local funds and funds provided through the grant program.
Committee Amendments :
1)Delete the LCFF funding mechanism for this grant program and
instead specify that this program shall be in effect upon
appropriation from the Legislature.
2)Specify that the project shall commence on July 1, 2015 and
end on July 1, 2018.
3)Require CDE to provide a report to the Legislature by December
31, 2018.
4)Require participating school districts to transmit the
collected data to CDE for analysis.
5)Define mental health professional as school psychologist or
social worker.
6)Specify that the SBE may adopt emergency regulations.
7)Specify that LEAs must demonstrate that they can achieve the
goals of the program using a combination of existing local
funds and funds provided through the grant program.
Previous Legislation : AJR 24 (Bonilla) from 2012, called upon
the members of California's congressional delegation to sign on
as cosponsors of, and requested the Congress and the President
of the United States enact, the proposed federal
Student-to-School Nurse Ratio Improvement Acts of 2011 and 2012.
AB 2456 (Torlakson) from 2010, which was held on the suspense
file in Assembly
Appropriations, would have required California school districts
to employ one nurse for every
750 pupils enrolled in the district and would have authorized
school districts to bill a pupil's
health insurer for the cost of health care services provided to
pupils.
ACR 99 (Swanson), Resolution Chapter 93, Statues of 2009, urged
school districts to take the
necessary steps to increase school nurse salaries.
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AB 426 (Hall) from 2009, which was referred to the Assembly
Education Committee, would
have required the Department of Education, in consultation with
specified entities, to recommend
to the Legislature ways to address specific health-related needs
of pupils on school campuses,
including but not limited to, diabetes, asthma and
obesity-related diseases.
REGISTERED SUPPORT / OPPOSITION :
Support
California Federation of Teachers
Opposition
None on file.
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087