LEGISLATIVE
SUMMARY 2001
I.ÊÊÊÊÊÊÊÊÊÊÊ Legislative Summary for 2001 -
Political Realities in Sacramento
II.ÊÊÊÊÊÊÊÊ Major Areas of Concern for the
Immediate Future
III.ÊÊÊÊÊÊ Bills During the Last Year That Directly
Affect Charter Schools
III.ÊÊÊÊÊÊ Major Education Bills That Also Impact
Charter Schools
IV.ÊÊÊÊÊÊ The Impending Budget Crisis
IÊÊÊÊÊÊÊÊÊÊÊ LEGISLATIVE SUMMARY FOR 2001
Another
legislative session has ended. It has been every bit as difficult a session as
we predicted. This message will cover some of the events and trends of the
session. It will also focus on some of the very important lessons we have
learned and shat we need to do between now and the end of 2002. Included at the
end is a synopsis of many of the education bills addressed.
THE
YEAR 2001 AS SEEN BY CALIFORNIA CHARTER SCHOOLS
The
main thing that came out of 2001 is that California charter schools withstood
attacks from many different sources. When the 2001 legislative session ended on
September 15, the Governor had 30 days to sign or veto all pending legislation.
That deadline has now passed and we have been analyzing everything that
occurred during this session. We are proud to share that we defeated numerous
attempts to restrict our funding or to reregulate charter schools.
We
defeated four different attempts to eliminate funding for drop out recovery
students over age 18 and other harmful provisions. These proposals were all
made by the Department of Finance (ÒDOFÓ). We stopped efforts by the DOF to
eliminate summer school funding for many charter school students. We must expect
that these issues will return next year.
AB
1132 was vetoed. This bill would have extended the revenue limit part of the
charter school funding model, which is now set to expire at the end of this
fiscal year. We must move quickly in January to gain passage of an urgency bill
that extends the charter school funding model.
The charter community spoke loudly, and
showed a grassroots strength seldom, if ever, seen before in public education.
Over five hundred individuals filled the hearing room, gallery and halls during
the July 10 Assembly Education Committee hearing on SB 740. Representatives
received thousands of letters of opposition from charter schools that stacked
up many inches high. Even the most controversial charter school bill of the
session, SB 740, does now create a groundbreaking lease aid funding program for
charter schools in low performing areas.
While
we succeeded in defeating multiple attempts at harmful legislative language,
this session also saw the passage of new restrictions and requirements on
charter schools beginning in January of 2002. One major segment of charter
schools, those that offer instruction through independent study, will be
subjected to possible funding reductions and other undefined restrictions.
Instructional minutes will become a term and condition of apportionment:
charter schools that offer less than the minimum minutes required will have
their funding reduced. The existing requirement that charter schools
participate in the STAR program has also been made a term and condition of
apportionment.
The
state is virtually out of funds for school construction. Despite attempts to do
so, no agreement was reached to pass a bill this year to place a school
facilities bond on the March 2002 statewide ballot. Legislation may pass next
year to place a bond on the November ballot.
IIÊÊÊÊÊÊÊÊÊÊÊ MAJOR AREAS OF CONCERN FOR THE
IMMEDIATE FUTURE
The
unity of the charter school community itself has been badly strained by SB 740
and other attempts to target selected sections of our schools. SB 740 pitted
the very serious needs for facilities faced by our classroom based charter
schools against full funding for independent study programs operated by other
charter schools. Also problematic has been the dissention among those schools
that serve large number of students over the age of 18 who are facing efforts
by the Department of Finance's to eliminate these students.
Opponents
of charter schools are seeking to divide and conquer the charter school
movement. CANEC and the charter school community cannot allow this to occur.
CANEC remains committed to supporting the needs of all students attending
charter schools.
As
the number of charter schools continues to grow, two things are becoming more
apparent. The first is the ongoing subversive efforts to make charter schools
like every other school -- to rebury them in the bureaucratic morass that is a
critical factor in the ineffectiveness of traditional public school system.
This is especially evident any time one or a small number of charter
schools engage in some activity or practices that is, or is
perceived as, inappropriate or wrong. The bureaucratic response is to pass new
laws or regulations that apply to all charter schools.
The
second issue is related to the re-regulation of charter schools mentioned
above. Charter schools need to become more proactive. We, as a community, must
address problems, be they real or perceived, before the legislature or any
administrative agencies impose their own "solutions". SB 740 is a
stark example of this phenomenon. Charter schools are now subject to new
restrictions and funding reductions because of concerns raised, in large part,
in two newspaper articles about a single school. The challenge faced by the
charter school community is to identify and address other known issues, such as
educational and fiscal accountability, ourselves - in a unified manner! We need
to do this before new press articles or another negative audit or scandalous
report results in another rush by legislators to approve additional
restrictions on charter schools.
An
essential protection against further regulations is created when charter
schools build personal relationships with their representatives and others in
positions of power and influence. Each and every charter school needs to
redouble its efforts to earn the support of their legislative representatives.
Senators and Assembly members will not support additional regulations and
restrictions on charter schools when constituents at charter schools they
already know and respect tell them that these new requirements are harmful. We
also must tell our story to the media and our local community. Grassroots
activities are more important than ever before.
Charter
schools must also be aware that the fiscal condition of the state next year
looks very grim.Ê The state budget may
be out of balance by as much as FOURTEEN BILLION dollars. Prudent financial
practices and maintaining a healthy reserve are very important.
Even
with all these challenges, I continue to be very excited about the continued
development of charter schools in California. Working together we are creating
an ever-increasing number of excellent charter schools.
David
Patterson, Ed.D.
Director
of Governmental Relations
patterson@canec.org
916-448-0995
III.ÊÊÊÊÊÊ BILLS DURING THE LAST YEAR THAT DIRECTLY
AFFECT CHARTER SCHOOLS
AB 1132 (Canciamilla) - In a surprising last
minute move, the Governor vetoed this bill, which would have made technical
changes to the charter school funding model and extended the sunset on the
charter school funding model until 2004. We had significant problems with the
language in the bill regarding supplemental instruction that would have harmed
charter schools that serve predominately low performing students.Ê However, it was also very important that the
funding model sunset be extended. We now must aggressively move to have an
urgency bill move forward to address this critical issue.
AB 1295 (Thomson) Ð Governor Davis signed
this bill which makes changes to the Public School Accountability Act, relating
to the Academic Performance Indicator (API), the Immediate
Intervention/Underperforming Schools Program (II/USP), API growth targets, and
performance awards. One of the significant changes for charter schools is that
the bill authorizes the calculation of an API for small schools, allowing many
charter schools to receive an API that were previously excluded because of
their size.
SB 675 (Poochigian) - Signed by Governor Davis,
this bill requires a charter school to transmit a copy of its annual,
independent, financial audit report to the CDE, in addition to the chartering
agency, by December 15 of each year.Ê
The GovernorÕs signing message with regard to SB 675 stated in part: Ò .
. .These reports will enable SDE [State Department of Education] to provide
important and independently verified information to the State Board of
Education when charter revocation is being considered and when other inquiries
on charters are made by the Legislature, other state agencies, and district and
county offices. . . . In addition to the entities specifically named in this
legislation, I am signing this bill with the intent that subsequent legislation
will include the State Controller's Office (SCO) and the county superintendent
of schools in the list of recipients to the audit report, in order to more
closely conform charter audit reporting requirements to those of school
districts. The county superintendent needs to be aware of the fiscal health of
all K-12 entities within the county and the SCO is also an appropriate
recipient of the report as they are best able to determine that all applicable
standards have been met. In the interim, I encourage charter schools to forward
copies of their annual reports to all of these agencies.Ó
SB 676 (Poochigian) - This CANEC sponsored bill
to create a charter schools SELPA Pilot Program is now a two-year bill. CANEC
made it a two-year bill in order to allow the development of a more
comprehensive bill.
SB 740 (O'Connell) - Governor Davis signed
this bill which requires charter schools to request a determination of funding
from the SBE in order to receive funding for non-classroom based instruction
and allows the State Board to reduce funding to these schools it determines are
not using enough of their funding in a manner the State Board determines is
directly serving students. The bill also creates a lease aid funding program
for charter schools in low-income areas of up to $750 per student.
CANEC
is working on the development of proposed regulations that would implement this
bill in a fair and appropriate manner.
Additional
information about this bill is available on Legislation and Advocacy section of
the CANEC web site at www.canec.org. The
bill is complicated and will be difficult to implement. CANEC will provide
updates as the implementation of the bill moves forward. CANEC members have
already received correspondence regarding this legislation and may receive
additional information over the next few months.Ê
In
signing this bill, Governor Davis released a message that states in part:
"I
have supported charter schools because they effectively engage parents in a
child's education and are incubators for innovation in education. However, the
charter school funding provisions in current law provides more funding than
necessary for non-classroom based instructional methods. This bill will allow
the State Board of Education to assign funding rates for non-classroom based
charter school programs that are more consistent with cost-based
characteristics of the instructional program employed. Furthermore, this bill
will lead to greater accountability and better instructional services by
encouraging classroom-based instruction among charter schools. Moreover, this
bill will provide financial incentives for the development of innovative,
classroom-based charter schools in low-income areas through a targeted
facilities grant program, thus increasing educational choices for families in
these areas.
"However,
because I have some concern that this bill could be administered in an overly
broad fashion, I am requesting that the State Board implement this bill with
the following understandings.
"I
am requesting the State Board of Education to regulate and administer the
provisions of this act in a manner to affect only those charter schools which
spend excessively on administration and profit. And I am also requesting the
Board to:
ÊÊÊÊÊ Impose funding reductions only where an excessive
amount of funds are not spent on instruction,
ÊÊÊÊÊ Rather than a 10% maximum reduction, impose no
greater than a 5% maximum reduction in the first year,
ÊÊÊÊÊ Respect innovative instructional activities when
calculating instructional time and create no new requirements regarding charter
schools' use of credential teachers,
ÊÊÊÊÊ Ensure that instructional services provided by state
and local conservation corps programs may continue, and
ÊÊÊÊÊ Ensure that facilities supported by this bill meet
appropriate local health and safety requirements of law." Governor Davis
signed the following key education proposals.
SB 955 - Signed by the Governor,
this trailer bill makes offering the same number of minutes of instruction per
year as do noncharter schools, maintaining written attendance records, and
certifying that pupils participate in the state testing programs a condition of
the apportionment of state funds and requires a reduction in apportionment
caused by an exception to these requirements to be proportional to the
magnitude of the exception that caused the reduction.
III.ÊÊÊÊÊÊÊÊÊÊÊ MAJOR EDUCATION BILLS THAT ALSO
IMPACT CHARTER SCHOOLS
AB 6 (Cardenas) - Revises and renames the
After School Learning and Safe Neighborhoods Partnerships Program to include
before school programs. The Before and After School Learning and Safe
Neighborhoods Partnerships (BASLSNP) program serves students in grades first
through nine at participating elementary, middle, junior high schools. Matching
funds are required. Priority will be given to schools based on free and reduced
meal qualification and waiting lists.
Applicants
for the after school program may be a local education agency (LEA), charter
schools, city, county, or non-profit organizations that are in partnership with
a LEA and must meet certain requirements to establish the program in their
local school(s).
Participating
schools are eligible to receive a three-year renewable grant that is to be
awarded in three one-year increments.Ê
The grant is subject to annual reporting and re-certification required
by the California Department of Education (CDE).
AB 49 (Washington)(VETOED) - Would have established
the Youth Mentoring and Safe Communities Grant Program. Grants would have been
made available, by the State Librarian, to public libraries for the purpose of
providing youth services such as: academic assistance and enrichment, life
skills programs, technology support and training and youth mentoring and
educational peer matching. Governor Davis vetoed AB 49, stating in part:
"Ébased
on the level of funding already available to other programs that provide a wide
range of services to California youth, and because the state has experienced a
$1.1 billion revenue shortfall in the first three months of this fiscal year,
we unfortunately cannot afford to create a new program with $400,000 of
additional costs no matter how worthy."
AB 50 (Hertzberg)(VETOED) - In a dramatic move,
Governor Davis vetoed this bill that would have extended the Schiff-Bustamante
Standards Based Instructional Materials Program for another four years. Now
scheduled to expire at the end of this school year, this program has provided
$250 million per year to school districts to purchase standards-aligned
instructional materials in the four core subject areas.
In
vetoing AB 50, the Governor included the following comment: "Given the rapid
decline of our economy and a budget shortfall of $1.1 billion through the first
three months of this fiscal year alone, I have no choice but to oppose
additional General Fund spending.
AB 75 (Steinberg) - Governor Davis signed
this bill that provides intensive principal training for 5,000 school
principals and vice principals per year. Specifically, the bill requires an LEA
to use a "state-qualified provider to offer training that has been
approved by the SBE. The bill defines an LEA as a school district, a county
office of education, or a charter school. Training programs offered would have
a minimum duration of 80 hours and also must provide a minimum of 80 hours of
continuing support and professional development. The continuing support and
development could be completed over a period of two years, once the initial
training commences. This bill provides $3,000 per schoolsite administrator who
attends and successfully completes the training program. In addition, the LEA
would be required to provide a local match of $1,000 per schoolsite
administrator. At the September SBE meeting, the CDE announced that they have
received a grant from the Bill and Melinda Gates Foundation that could be used
to cover some portion of the $1,000 required district match for training. The
charter school community has an opportunity to develop a program that meets the
needs of charter school administrators.
AB 99 (Zettel) - Governor Davis signed
this bill that allows high schools opened after October 6, 2000 to receive a
grant of a $45 per pupil for on-going technology support and professional
development.
AB 148 (Zettel) - Governor Davis signed
this bill which requires the Superintendent of Public Instruction (SPI) to
conduct a study and regarding the most cost-effective means of providing
Internet access in every middle and junior high school classroom in the state.
The SPI is also required to report the findings of the study to the Legislature
by March 1, 2003.
AB 272 (Pavley)(VETOED) - The Governor vetoed this
bill which would have made a teacher's clear multiple or single subject
teaching credential valid for the life of the holder after two renewal cycles,
if the teacher met certain requirements.
AB 458 (Rod Pacheco) - Signed by Governor Davis,
this bill prohibits school districts from assigning extra grade weighting to a
pupil's grade point average for a course that covers a subject required for
admission to the University of California or the California State University,
unless the University of California approves the extra weighting and includes
the course on its list of honors courses.
AB 620 (Wayne) - Signed by the Governor,
this bill establishes the High-Tech Schools Grant Program to provide grants to
eligible school districts or charter schools for the purpose of establishing
new high-tech high schools.
AB 1302 (Assembly Education
Committee) - Governor Davis signed this bill authorizing participating
districts and charter schools to move the kindergarten admission eligibility
date from December 2 to September 1.
AB 1307 (Goldberg) - Governor Davis signed
this bill which will allow the Commission on Teacher Credentialing (CTC) to
exempt teacher credential candidates from meeting new requirements for a
credential that are adopted after they begin their course of professional
preparation (if taking a new course would extend their time in the program or
require an additional cost). In signing the bill, Governor Davis stated,
"...it is my understanding and intent that this exemption is only
applicable to the program of professional preparation and does not apply to
other requirements of a teaching credentialing, such as those that are intended
to protect the health and safety standards
AB 1367 (Wiggins) - Signed by Governor Davis,
this bill requires school districts and local governments to share more
information regarding long-term school facilities planning and local and use
plans.
AB 1609 (Calderon) - Governor Davis signed
this bill which prohibits ninth grade students from taking the High School Exit
Exam (HSEE) and requires the CDE to contract for an independent study, which
will examine in part whether the test development process and the
implementation of standards-based instruction meet the required standards for
the HSEE. The study's finding must be compiled into a report to be presented to
the Governor, Legislature, State Board of Education (SBE) and Superintendent of
Public Instruction no later then May 1, 2003. Additionally, with passage of
this bill, the SBE may delay the date when students are required to pass the
HSEE as a condition of graduation, past the 2003-04 school year.
SB 57 (Scott) - Signed by the Governor,
this bill require the CTC to waive some requirements for individuals meeting
prescribed criteria regarding private school teaching experience. These changes
will offer more flexibility to candidates in obtaining their credentials, thus,
effectively reducing the barriers to licensure.
SB 231 (Alarcon) - The Governor signed this
bill which authorizes the Los Angeles Unified School District to develop, as a
pilot project, a 30-day training program for teachers it hires on an emergency
basis. However, upon signing, the Governor deleted the funding in the bill with
the following explanation, "Unfortunately, given the rapid decline of our
economy and a budget shortfall of $1.1 billion through the first three months
of this fiscal year alone, I have no choice but to oppose additional General
Fund spending. However, I am directing the Office of the Secretary for
Education to identify existing funds that can be used to support this pilot
program."
SB 233 - (Alpert) - Governor Davis signed
this bill which extends the sunset date for the STAR test from January 1, 2001,
to January 1, 2005 and lays out a roadmap for future test developments,
including a goal of reducing norm-referenced items and maximizing coordination
between tests to limit testing time.
SB 837 (Scott) - Governor Davis signed
this bill which codifies the type of documentation a school district must
provide the CTC to justify a request for an emergency permit. In signing SB
837, Governor Davis added, in part, "I believe it is important to the
continued improvement of schools that local education agencies make a concerted
effort to find a credentialed teacher, including using the teacher recruitment
centers and other normal hiring practices, before hiring teachers with
emergency permits. However, nothing in SB 837 should be interpreted as imposing
a mandate beyond that which is currently required for a diligent search.
Therefore, I am directing the Commission on Teacher Credentialing to ensure
that it is implemented accordingly." signed by the Governor
SB 961 (Steinberg) - Governor Davis signed
this bill that establishes the High Priority Schools Grant Program, a $200
million program to help low-performing schools improve student achievement. The
new program is modeled significantly after II/USP, in that it requires
development and implementation of a school action plan.
SB 1105 (Margett) - Signed by Governor Davis,
this bill conforms state law regarding special education to federal special
education law, thereby avoiding federal compliance issues as well as the
possibility of creating new state mandated costs.
IV.ÊÊÊÊÊÊ THE IMPENDING BUDGET CRISIS
The
Sacramento Bee reported in October that "State revenues took a dramatic
plunge in September, coming in more than a half-billion dollars below what was
assumed in the budget approved in July." One quarter of the way into the
fiscal year, cumulative state revenues are approximately $1 billion below
estimates for the three-month period.
In
a separate article, the Bee quoted Ted Gibson, chief economist for the
Department of Finance as saying "In my 30-odd years of doing this, this is
probably the most uncertain period I've experienced."
When
Governor Davis released his May Revision of the budget in May of 2001, the
Legislative Analyst's Office (LAO) projected that the budget would result in a
$4 billion deficit for fiscal year 2002-03. The Legislative Analyst's Office is
scheduled to release a revenue forecast in November that will likely paint a
picture of revenue shortfalls and an uncertain economy with many downside
risks.
Consequently,
during the Legislature's budget deliberations, Senator Steve Peace spearheaded
a budget deficit reduction of $2.5 billion. Senator Peace stated on the Senate
floor that he had a letter dated September 12, from the LAO that showed that
the budget situation was deteriorating, and that letter,
did not reflect the impact of the tragic events that took place on September
11. Even without the September 11 tragedies, the picture it describes is cause
for concern.
The
LAO letter identified "options" to reduce spending by $2.6 billion.
Included in the list for K-12 education were:
ÊÊÊÊ Reduce Governor's performance awards to
2000-01 level
ÊÊÊÊ Eliminate education technology staff
development
ÊÊÊÊ Reduce certificated staff performance
awards by 50%
ÊÊÊÊ Reduce After School Learning and Safe
Neighborhood programs funding by 25%
ÊÊÊÊ Eliminate incentive payments for National
Board teacher certification
ÊÊÊÊ Combine programs and reduce funding by 10
percent for school and classroom library materials
ÊÊÊÊ Eliminate Governor's Reading Performance
Awards
ÊÊÊÊ Defer 2002-03 special education settlement
payment
But,
as we said before, that was all before September 11, 2001.Ê The world after the events of September 11th
is entirely different. California's economy, along with the economy of the
United States, will be severely impacted. General fund revenues will likely
drop below earlier estimates in part because our revenue growth is very heavily
dependent on stock options and gains and the current stock market will decrease
those.
The
news is not all grim. Although there will be a budget shortage next year, it is
important to recognize that the state economy is in the best shape it has been
in for years. It should bounce back fairly quickly, but probably not in time to
adjust for the 2002-03 budget.
In
mid-November, the LAO will release her Fiscal Forecast. That forecast will
reflect recent events and will provide more reliable estimates of the budget
shortfall California faces in 2002. CANEC will send a listserv message at that
time directing you to where you can obtain the LAO Fiscal Forecast.
If
you have any questions about these bills, please contact Helen Wallquist at
wallquist@canec.org or 916-448-0995. For up to date information, please
regularly check www.canec.org/pendingleg