Existing law, which becomes inoperative July 1, 2017, and is repealed on January 1, 2018, establishes, commencing with the 200809 fiscal year, 180 minutes as the minimum schoolday for a pupil concurrently enrolled in regular secondary school classes and classes operating pursuant to a joint powers agreement, as specified. This provision specifies the methods for including these pupils in the computation of the average daily attendance of the affected school district.

This bill would delete the language that renders this provision inoperative on July 1, 2017, and repeals it on January 1, 2018, thereby extending the operation of this provision indefinitely.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, which becomes inoperative July 1, 2017, and is repealed on January 1, 2018, establishes, commencing with the 200809 fiscal year, 180 minutes as the minimum schoolday for a pupil concurrently enrolled in regular secondary school classes and classes operating pursuant to a joint powers agreement, as specified. This provision specifies the methods for including these pupils in the computation of the average daily attendance of the affected school district.

This bill would delete the language that renders this provision inoperative on July 1, 2017, and repeals it on January 1, 2018, thereby extending the operation of this provision indefinitely.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, which becomes inoperative July 1, 2017, and is repealed on January 1, 2018, establishes, commencing with the 200809 fiscal year, 180 minutes as the minimum schoolday for a pupil concurrently enrolled in regular secondary school classes and classes operating pursuant to a joint powers agreement, as specified. This provision specifies the methods for including these pupils in the computation of the average daily attendance of the affected school district.

This bill would delete the language that renders this provision inoperative on July 1, 2017, and repeals it on January 1, 2018, thereby extending the operation of this provision indefinitely.

This bill would declare that it is to take effect immediately as an urgency statute.

 CONSENT 

Bill No: AB 760

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 7-0, 6/14/17

AYES: Allen, Wilk, Galgiani, Leyva, Mendoza, Pan, Vidak

ASSEMBLY FLOOR: 69-0, 5/18/17 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill makes permanent the funding formula for the school districts with pupils attending the Center for Advanced Research and Technology (CART), by deleting the July 1, 2018 sunset for this formula.

ANALYSIS:

Existing law:

1. Provides that the minimum schoolday for a pupil concurrently enrolled in regular secondary school classes and classes operating pursuant to a joint powers agreement (JPA) that became effective before January 1, 2008 is 180 minutes.
2. Requires that pupils be under the immediate supervision and control of a certificated employee of the district in order to be counted toward that district's average daily attendance (ADA), except that pupil attending classes pursuant to a JPA described in 1) may be counted regardless of the school district employing the certificated employee provided the district is a party to the JPA.
3. Becomes inoperative on July 1, 2017, and is repealed on January 1, 2018.

This bill makes permanent the funding formula—the calculation of ADA which drives the amount of funding—for the school districts with pupils attending CART, by deleting the July 1, 2018 sunset for this formula.

Comments

1. What is the Center for Advanced Research and Technology? This bill preserves the funding calculation for school districts with students attending CART, a highly recognized linked-learning career technical education center that is a partnership between the Clovis and Fresno Unified School Districts. The CART provides instruction to pupils in grades 11 and 12 from both districts, with the pupils spending about half of their instructional day at the CART and the other half in their regular district high school. The CART model aims to combine rigorous academics with career clusters including professional sciences, engineering, advanced communications, and global dynamics.

A January 2011 study done by the Irvine Foundation shows that from 2002-2008, students who participated in the CART had a higher percentage of enrollment in community colleges after completing grade 12 and one year after high school. After grade 12, 71 percent of students who participated in CART attended a community college, while 60 percent of a demographically similar group of non-CART students attended community college. The same percentage difference holds true one year after high school.

1. Students from either Fresno or Clovis taught by teachers from either Fresno or Clovis. According to Clovis Unified School District, “CART has a unique education model that allows students to spend approximately half of their day in their home district—Clovis or Fresno—and half of their day with peers and teachers from both districts at the CART Center. Districts count a student’s time spent both at the District’s school where the student is enrolled (40% - 120 minutes) and the time spent at CART (60% - 180 minutes) for purposes of meeting the minimum day requirement. Also, while learning at the CART Center, students may be taught by certificated teachers employed by either District. AB 760 will continue the provision that allows Clovis Unified certificated employees to teach Fresno Unified students, and vice versa, in the combined CART classes. Without this exception, instructional minutes provided by a teacher employed by a student’s non-home district could not be counted.

This bill removes the existing sunset clause and continues indefinitely the longstanding Education Code provisions that allow a blended learning structure between the home district and the CART Center. AB 760 is needed to keep this unique and effective education model intact by ensuring that both districts meet their audit requirements for minimum school day and staffing.”

1. Current statute due to previous funding irregularities. The CART was established as a charter school in 1997 by a JPA established between the Clovis Unified School District and the Fresno Unified School District.

The CART model conflicted with charter school law in that (1) pupils were in charter school classrooms for only 50 percent of the day and attended regular high school classes for the other 50 percent (pupils enrolled in charter schools are required to be in the classroom for at least 80 percent of the school day); and (2) teachers from both districts taught at the CART so pupils were not always being instructed by employees of their home district or the CART charter school (statute provides that school districts and charter schools may not claim general purpose funding for the attendance of pupils in classes that are not under the supervision and control of a teacher that is an employee of the district or charter school).

In 2006, the State Controller’s auditors determined that the charter school could not claim any funding for that year, or any later year until the charter school either complied with the law or was granted an exception. The school’s funding for 2006-07 was authorized by Chapter 524 (SB 345, Aanestadt). The 2006 audit was settled without penalty, but a long term solution was still needed.

In 2008, Chapter 762 (AB 2246, Villanes) codified the funding formula for the CART program that remains in statute currently. CART is no longer a charter school and AB 2246 contained a provision specifying CART is not eligible to receive funding under charter school funding provisions. The provisions of AB 2246 were set to sunset on July 1, 2012. In 2011, Chapter 625 (SB 361, Berryhill) extended the sunset date until July 1, 2017.

1. Should this instructional model be permitted statewide? The blended learning structure that this bill makes permanent only applies to school districts serving pupils concurrently enrolled in regular secondary school classes and classes operated pursuant to a joint powers agreement that became effective before January 1, 2008. Given the demonstrated success of CART, and the flexibility provided to school districts under the Local Control Funding Formula to design programs that best meet local needs, there may be other districts that wish to develop similar models for offering career technical education or other types of student services. Should the provisions of this bill apply to school districts that have entered into JPA after January 1, 2008 or may enter into such agreements in the future? If not, should existing law continue to only allow programs like CART that became effective before January 1, 2008 to operate in their current form?

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/15/17)

Clovis Unified School District

Fresno Business Council

Fresno Unified School District

Los Angeles County Office of Education

OPPOSITION: (Verified 6/15/17)

None received

ASSEMBLY FLOOR: 69-0, 5/18/17

AYES: Acosta, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Cervantes, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Gallagher, Cristina Garcia, Eduardo Garcia, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood

NO VOTE RECORDED: Aguiar-Curry, Calderon, Chau, Frazier, Friedman, Gipson, Gloria, Holden, Mullin, Santiago, Rendon

Prepared by:

6/16/17 11:22:27

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: Hearing Date: June 14, 2017

Subject:

SUMMARY

This bill makes permanent the funding formula for the school districts with pupils attending the Center for Advanced Research and Technology (CART), by deleting the July 1, 2018 sunset for this formula.

BACKGROUND

Existing law related to CART:

1. Provides that the minimum schoolday for a pupil concurrently enrolled in regular secondary school classes and classes operating pursuant to a joint powers agreement (JPA) that became effective before January 1, 2008 is 180 minutes.
2. Requires that pupils be under the immediate supervision and control of a certificated employee of the district in order to be counted toward that district's average daily attendance, except that pupil attending classes pursuant to a JPA described in 1) may be counted regardless of the school district employing the certificated employee provided the district is a party to the JPA.
3. Becomes inoperative on July 1, 2017, and is repealed on January 1, 2018.

ANALYSIS

This bill makes permanent the funding formula—the calculation of average daily attendance which drives the amount of funding—for the school districts with pupils attending CART, by deleting the July 1, 2018 sunset for this formula.

STAFF COMMENTS

1. What is the Center for Advanced Research and Technology? This bill preserves the funding calculation for school districts with students attending CART, a highly recognized linked-learning career technical education center that is a partnership between the Clovis and Fresno Unified School Districts. The CART provides instruction to pupils in grades 11 and 12 from both districts, with the pupils spending about half of their instructional day at the CART and the other half in their regular district high school. The CART model aims to combine rigorous academics with career clusters including professional sciences, engineering, advanced communications, and global dynamics.

A January 2011 study done by the Irvine Foundation shows that from 2002-2008, students who participated in the Center for Advanced Research and Technology (CART) had a higher percentage of enrollment in community colleges after completing grade 12 and one year after high school. After grade 12, 71 percent of students who participated in CART attended a community college, while 60 percent of a demographically similar group of non-CART students attended community college. The same percentage difference holds true one year after high school.

1. Students from either Fresno or Clovis taught by teachers from either Fresno or Clovis. According to Clovis Unified School District, “CART has a unique education model that allows students to spend approximately half of their day in their home district—Clovis or Fresno—and half of their day with peers and teachers from both districts at the CART Center. Districts count a student’s time spent both at the District’s school where the student is enrolled (40% - 120 minutes) and the time spent at CART (60% - 180 minutes) for purposes of meeting the minimum day requirement. Also, while learning at the CART Center, students may be taught by certificated teachers employed by either District. AB 760 will continue the provision that allows Clovis Unified certificated employees to teach Fresno Unified students, and vice versa, in the combined CART classes. Without this exception, instructional minutes provided by a teacher employed by a student’s non-home district could not be counted.

This bill would remove the existing sunset clause and continue indefinitely the longstanding Education Code provisions that allow a blended learning structure between the home district and the CART Center. AB 760 is needed to keep this unique and effective education model intact by ensuring that both districts meet their audit requirements for minimum school day and staffing.”

1. Current statute due to previous funding irregularities. The CART was established as a charter school in 1997 by a joint powers agreement established between the Clovis Unified School District and the Fresno Unified School District.

The CART model conflicted with charter school law in that (1) pupils were in charter school classrooms for only 50 percent of the day and attended regular high school classes for the other 50 percent (pupils enrolled in charter schools are required to be in the classroom for at least 80 percent of the school day); and (2) teachers from both districts taught at the CART so pupils were not always being instructed by employees of their home district or the CART charter school (statute provides that school districts and charter schools may not claim general purpose funding for the attendance of pupils in classes that are not under the supervision and control of a teacher that is an employee of the district or charter school).

In 2006, the State Controller’s auditors determined that the charter school could not claim any funding for that year, or any later year until the charter school either complied with the law or was granted an exception. The school’s funding for 2006-07 was authorized by Chapter 524 (SB 345, Aanestadt). The 2006 audit was settled without penalty, but a long term solution was still needed.

In 2008, Chapter 762 (AB 2246, Villanes) codified the funding formula for the Center for Advanced Research and Technology (CART) program that remains in statute currently. CART is no longer a charter school and AB 2246 contained a provision specifying CART is not eligible to receive funding under charter school funding provisions. The provisions of AB 2246 were set to sunset on July 1, 2012. In 2011, Chapter 625 (SB 361, Berryhill) extended the sunset date until July 1, 2017.

1. Should this instructional model be permitted statewide? The blended learning structure that this bill makes permanent only applies to school districts serving pupils concurrently enrolled in regular secondary school classes and classes operated pursuant to a joint powers agreement that became effective before January 1, 2008. Given the demonstrated success of CART, and the flexibility provided to school districts under the Local Control Funding Formula to design programs that best meet local needs, there may be other districts that wish to develop similar models for offering career technical education or other types of student services. Should the provisions of this bill apply to school districts that have entered into joint powers agreements after January 1, 2008 or may enter into such agreements in the future? If not, should existing law continue to only allow programs like CART that became effective before January 1, 2008 to operate in their current form?

SUPPORT

Clovis Unified School District

Fresno Business Council

Fresno Unified School District

Los Angeles County Office of Education

OPPOSITION

None received

-- END --

Date of Hearing: May 10, 2017

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 760 (

Author:Arambula) – As Introduced Ver:February 15, 2017

SUBJECT: Pupils: minimum schoolday: concurrent enrollment: joint powers agreement

SUMMARY: Repeals the July 1, 2017 sunset date for and renumbers provisions of law related to the calculation of average daily attendance (ADA) by the Center for Advanced Research and Technology (CART).

EXISTING LAW:

1. Provides that the minimum schoolday for a pupil concurrently enrolled in regular secondary school classes and classes operating pursuant to a joint powers agreement (JPA) that became effective before January 1, 2008 is 180 minutes.
2. Requires that pupils be under the immediate supervision and control of a certificated employee of the district in order to be counted toward that district's ADA, except that pupils attending classes pursuant to a JPA described in 1) may be counted regardless of the school district employing the certificated employee provided the district is a party to the JPA.
3. Becomes inoperative on July 1, 2017 and is repealed on January 1, 2018.

FISCAL EFFECT: This bill is keyed nonfiscal

COMMENTS: CART is a career-technical education center that was established by a JPA between the Fresno and Clovis unified school districts and began offering classes to 11^th and 12^th graders in 2000. Pupils spend about 40% of their day attending classes in their home district and about 60% of the day at CART. While at CART, they may be taught by teachers that are employed by either district. Since 2008 CART has been exempt from the requirement that a pupil be taught by a district teacher in order to be counted toward that district's ADA as long as he or she is taught by a teacher who is an employee of one of the two districts that are party to the JPA.

In order to allow CART to retain its existing instructional model, this bill repeals the sunset date for the exemption and the requirement to maintain a 180 minute minimum day.

REGISTERED SUPPORT / OPPOSITION:

Support

Clovis Unified School District

Fresno Unified School District

Los Angeles County Office of Education

Opposition

None received

Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087