BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 421
                                                                  Page  1

          Date of Hearing:   August 21, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                  SB 421 (Hernandez) - As Amended:  August 5, 2013 

          Policy Committee:                             Education Vote:7-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill establishes a grant program, to the extent federal  
          funding is available, to cover the costs of Advanced Placement  
          (AP) or International Baccalaureate (IB) examination fees, or  
          both, for eligible economically disadvantaged high school  
          pupils. Specifically, this bill: 

          1)Defines an eligible economically disadvantaged (ED) pupil as  
            from a family whose annual household income is below 200% of  
            the federal poverty level, or a pupil who is eligible for the  
            federal free/reduced price meal program.  

          2)Requires the State Department of Education (SDE) to administer  
            this program and authorizes a school district to apply to SDE  
            for funding based on the number of ED pupils in the district  
            enrolled in AP courses who will take the exams, as specified.   
            Requires grants to pay for AP/IB exam fees, or both.  

          3)Authorizes an ED pupil enrolled in an AP or IB course to apply  
            to the district to receive a grant that will cover his or her  
            exam fee.  Further requires the pupil to pay five dollars of  
            the exam fee.   

          4)Prohibits grants provided to pupils under this program from  
            supplanting fee waivers available to low-income pupils who  
            take AP or IB exams. Further requires priority be given to  
            allocating AP exam fees if insufficient funding is allocated  
            for the grant program to cover all school district  
            applications, as specified.  

          5)Authorizes SDE to enter into a contract with an AP or IB exam  
            provider to facilitate the reimbursement under this program.   








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            Further exempts SDE from public contract requirements.

           FISCAL EFFECT  

          GF/98 cost pressure, likely between $5 million and $10 million,  
          to establish an AP/IB fee reimbursement program.  This bill  
          requires federal funding to be used to implement the program;  
          however, if federal funding is not allocated for this purpose,  
          there will likely GF/98 cost pressure to backfill to continue  
          providing exam fee reimbursement to ED pupils.  The 2013 Budget  
          Act allocated a total of $11.9 million in federal funding for  
          this program.




           COMMENTS  

           1)Background  .  AP programs, established over 40 years ago by the  
            College Board, provide incentives for public comprehensive  
            high schools to provide access to rigorous, college-level  
            courses for students. These programs allow pupils to pursue  
            college-level work while still in secondary school, and  
            receive college credit, advanced academic standing, or both.  
            At the end of the course, students may opt to sit for the  
            course-related exam, or may take the exam without having  
            completed the related course. For a score of 3 or higher (out  
            of 5) on an AP exam, most colleges and universities will award  
            college credit for an entry-level course in that discipline,  
            though policies vary from institution to institution. 

            IB programs provide pupils with a full diploma program in a  
            liberal arts course of study which includes a critical  
            thinking class, a minimum of 150 hours of participation in  
            extracurricular activities and community services, and a  
            research paper or 4,000 words. Students also must pass  
            rigorous examinations in seven curricula areas. In 2009-10,  
            the last year information was available, grant funding was  
            provided to 56 schools that received grants in the previous  
            year.

           2)Purpose  .  The AP/IB test reimbursement program, administered  
            by SDE, removed the financial barriers that prevent many  
            low-income students in comprehensive high schools from taking  
            the AP and IB course test. Funding supported the payment of  








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            AP/IB test fees for eligible students.  This program sunsetted  
            on January 1, 2013 and is no longer operative.     

            Prior to the enactment of the Local Control Funding Formula  
            (LCFF), the annual budget act allocated both state and federal  
            funding for the AP/IB test fee reimbursement program.  The  
            2013 Budget Act only allocates federal funding for this  
            program due to the program funding consolidation under LCFF.  

            The author cites a UCLA study published in 2000 stated that  
            there were 'unequal opportunities for successful participation  
            in AP courses in many California high schools.'  According to  
            this study, high schools serving predominately low-income  
            African American and Latino students typically offered limited  
            AP courses-sometimes these schools offered no AP courses to  
            students.  The author further argues providing fee relief to  
            ED pupils will increase access and diversity to AP and IB  
            examinations.   

           3)Need for the bill  ?  The 2013 Budget Act allocates $11.9  
            million in federal funding and requires it to be "used for AP  
            examination fee reimbursement, IB tests, for low-income pupils  
            as specified under the conditions of the federal grant  
            application through which these funds are authorized."   
            Therefore, absent any legislation, SDE will allocate the $11.9  
            million according to the state's federal application.  The  
            state's 2013 application has been submitted and SDE is  
            awaiting approval.  

            The budget act is an annual document and as such, any federal  
            funding the state receives for AP or IB examination fee  
            reimbursement will be allocated and distributed according to  
            budget bill language.  Also, given the LCFF consolidated a  
            number of categorical programs, the committee may wish to  
            consider the need to establish an AP/IB assessment  
            reimbursement program.  
           
          4)LCFF  , enacted as part of the 2013 Budget [AB 97 (Budget  
            Committee), Chapter 47, Statutes of 2013], established a new  
            funding formula for K-12 education to be phased in over seven  
            years.  The formula consists of three major components: (a)  
            base grant (general purpose funding), (b) supplemental grant  
            (funding for English learner (EL) and poor/needy pupils), and  
            (c) a concentration grant (additional funding for those LEAs  
            with a high number of EL and poor/needy pupils).  








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            The LCFF is intended to provide LEAs with maximum flexibility  
            and as such, there are minimal expenditure requirements tied  
            to the funding LEAs receive.   Therefore, the LCFF  
            consolidated the funding for the majority of the state's  
            categorical programs, including those under categorical  
            flexibility (i.e., the AP/IB fee reimbursement programs).  The  
            rationale for this program consolidation was to allow LEAs to  
            make their own decisions based on their pupils' needs  
            regarding which programs to continue.  For example, if a  
            school district wants to provide financial assistance to low  
            income pupils taking AP or IB exams, it can do so with funding  
            it receives from LCFF and in any manner it sees fit.  Under  
            LCFF, LEAs are no longer tied to program requirements in  
            exchange for funding they receive.

            This bill establishes a fee reimbursement program for AP and  
            IB exams, pending the receipt of federal funding.  

            The 2013 Budget Act allocated $2.13 billion GF/98 to LEAs to  
            begin implementing the LCFF.  

           5)Previous related legislation .  SB 532 (Hernandez), Chapter  
            238, Statutes of 2011, required the Superintendent of Public  
            Instruction to annually update the information on the AP and  
            the IB program availability on SDE's Internet website, as  
            specified.


           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081