CALIFORNIA STATE PTA LEGISLATION ACTION ALERT

August 26, 2004

CONFERENCE COMMITTEE ON MASTER PLAN FOR EDUCATION and WILLIAMS SETTLEMENT IMPLEMENATION LEGISLATION

In May 2000 the American Civil Liberties Union (ACLU) and other public advocates filed a lawsuit on behalf of students in eighteen school districts. Williams v. State of California challenged the constitutionality of California’s education system saying the system did not ensure a quality education to low income students and students of color. The lawsuit requested the court to create a statewide system of education standards, oversight, and enforcement, particularly in regards to school facilities, instructional materials, and teachers.

Governor Arnold Schwarezenegger announced on August 13, 2004, that after four years of litigation and $20 million of state money spent fighting the suit, all parties had reached an agreement. The Williams case settlement will provide nearly $1 billion for clean and safe school facilities, standards-based instructional materials and qualified teachers for students in 2,400 low performing schools. However, the Williams case settlement requires legislative action, which became the focus of legislative hearings this past week.

Since it is too late in the 2004 legislative session to introduce new legislation that would implement the settlement, the Conference Committee on the Master Plan for Education was also asked to consider legislation needed to implement the Williams case sttlement. Midnight Tuesday, August 24, was the deadline for submission of conference committee reports, and after two days of almost non-stop hearings, the committee gutted and amended four bills to implement the settlement, and two bills to implement partially the Master Plan for Education. A brief description of each of these bills follows.

Legislation to Implement the Williams Case Settlement

• SB 6 (Alpert, et. al.) would establish the School Facilities Needs Assessment Program and the School Facilities Emergency Repair Fund. The first program would award grants to school districts on behalf of schools in Academic Performance Index (API) deciles 1-3 to conduct a one-time comprehensive assessment of school facilities needs. The Emergency Repair Fund would reimburse school districts for emergency repairs as specified. SB 6 as introduced in 2003 would have implemented recommendations in the Master Plan for Education regarding school governance. The California State PTA had a “seek amendments” position on SB 6 and was working with Senator Alpert and other education groups to find solutions to California’s confusing education governance system. PTA has a “watch” position on SB 6 as amended on August 25, 2004, to implement the Williams case settlement. SB 6 is an urgency bill and would declare that it is to take effect immediately.

• AB 1550 (Daucher, et. al.) would prohibit the operation of a Concept 6 program after July 1, 2012, and would express the intent of the Legislature that all school districts eliminate Concept 6 programs as soon as practicable. Concept 6 programs, which are found in overcrowded school districts, operate on a three-track year-round calendar in which each track provides fewer than 180 days, but no fewer than 163 days, of instruction per school year. Most, but not all, Concept 6 schools are located in Los Angeles Unified School District. AB 1550 as introduced in 2003 would have implemented recommendations in the Master Plan for Education regarding school facilities. The California State PTA had and will maintain a “watch” position on AB 1550. AB 1550 is an urgency bill and would declare that it is to take effect immediately.

• AB 3001 (Dymally, et. al.) would implement provisions of the Williams case settlement regarding teacher quality, including qualifications to teach English Language Learners, the Principal Training Program, and teacher reciprocity (granting teaching credentials to out-of-state applicants who have completed comparable or equivalent teacher preparation programs). One of the more controversial provisions of AB 3001 would assign Fiscal Crisis and Management Assistance Teams (FCMAT) to review teacher hiring practices, teacher retention rates, the percentage of highly qualified teachers, and the extent of teacher misassignments. AB 3001 as introduced in February 2004 would have required a survey to assess the age and condition of portable classrooms in California. The California State PTA had a “watch” position on AB 3001 as it was introduced. PTA will maintain a “watch” position on AB 3001 as it was amended to reflect the Williams case settlement. AB 3001 is an urgency bill and would declare that it is to take effect immediately.

• SB 550 (Vasconcellos, et. al.) contains elements of the Williams case settlement regarding accountability and instructional materials. The bill would require county superintendents to review annually the sufficiency of instructional materials, the assignment of teachers, and the condition of school facilities in API deciles 1-3 schools; would add information on the sufficiency of instructional materials, the assignment of teachers, and the condition of school facilities to the School Accountability Report Card; and would require local districts to attempt to correct teacher misassignments, emergency facilities conditions and textbook deficiencies. The bill would provide, if necessary, for the state to purchase textbooks for schools that lack them and to charge districts for the expense. SB 550 as introduced in 2003 was a comprehensive bill that would have implemented recommendations of the Master Plan for Education regarding the academic success of pupils and opportunities for teaching and learning. The California State PTA had, and will maintain, a “watch” position on SB 550. SB 550 is an urgency bill and would declare that it is to take effect immediately.

The California State PTA commends the Governor, the State of California, and the plaintiffs in the Williams case for their agreement to settle the case. As Governor Schwarzenegger stated in his announcement of the settlement, “To prolong the fight to win this case would have been an injustice to our kids and the taxpayers of California.” PTA will continue to watch the bills amended to implement the settlement. PTA has also worked over the last few weeks with the Education Coalition to craft responses and testimony on each of the bills. It is unlikely the bills will be amended substantially as they work their way through the legislative process this week, since any amendments could risk undoing the settlement. It is likely that bills will be introduced during the next legislative session beginning in January to further refine the legislation that implemented the settlement. All parties agree that the current settlement and implementing legislation are just a beginning in the effort to address the problems that face many of California’s schools and students.

Legislation to Implement the Master Plan for Education

• AB 242 (Lui) address licensure requirements for teacher candidates, professional development and teacher preparation, and beginning in 2006, repeals the ability of the Commission on Teacher Credentialing to issue or renew emergency teaching permits except to accommodate short term shortages that result from an acute staffing need or an anticipated staffing need. The bill also includes provisions that address the professional preparation of educators and the faculty of public postsecondary institutions. The California State PTA has a “watch” position on AB 242, which until the amendments of August 25 included legislative intent language only.

• AB 56 (Steinberg)/AB 712 (Steinberg, et. al.) would establish voluntary access to preschool for all children from ages three to four by the year 2015. AB 56 was approved by the Conference Committee on the Master Plan for Education, but due to a last minute procedural error, the bill did not meet the Tuesday midnight deadline for conference committee reports. Therefore, the content of AB 56 has been amended into AB 712. The California State PTA has maintained a “seek amendments” position on AB 56 and has worked with other child development organizations to draft appropriate language for the bill. AB 712, as it was introduced in 2003, was a transportation bill on which PTA had no position.

PTA strongly believes that a Master Plan for Education is essential for the planning and coordination of California’s complex educational system and should serve as a guide to future decisions of the Legislature and policy makers. PTA will continue to work with members of the Education Coalition, the Children’s Roundtable, and other groups and individuals interested in legislative implementation of the Master Plan for Education.

August 24, 2004

Class Size Reduction Alert

The California State PTA has a “support” position on SB 311 (Sher): Class Size Reduction.

This bill was amended on August 23 to further adjust the penalty provisions for exceeding the 20:1 limit in K-3 classes.

We urge PTA members to CALL or FAX their legislators TODAY and FAX the Governor in support of this bill. (A sample letter is below.)

Present Status:

SB 311 (Sher), as amended, is up for a vote this week on the Assembly floor. If approved, it will go back to the Senate for concurrence and then to the Governor for his signature or veto.

The August 23rd version retains only the penalty reduction language from the bill as introduced last year with the following changes:

• 20% (of the amount paid for a class of 20.4) for classes with an
  enrollment of 20.5 but less than 21.0,

• 40% for classes of 21 but less than 21.5,

• 80% for classes of 21.5 but less than 21.9.

The August 23rd version also extends the sunset date to continue the penalty reduction through July 1, 2009. SB 311 was further amended to include the language in AB 1670 (Kehoe), an urgency measure that would provide CSR relief for schools affected by recent fires.

You can contact your legislator by going to the following web sites:

Senate:  http://www.senate.ca.gov/~newsen/senators/senators.htp

Assembly:  http://www.assembly.ca.gov/acs/acsframeset7text.htm

FAX your letters to Governor Schwarzenegger at (916) 327-1009.

PTA Class Size Reduction Position:

The PTA believes there should be no more than 20 students in grades K-3 based on extensive research that shows that smaller classes help young children do better in school.

The California State PTA recognizes the financial obligation that reducing class size places on taxpayers of the state of California. The California State PTA strongly believes the people of California understand the importance of investing in children and public education, and therefore will be willing to undertake this obligation.  The California State PTA further believes that K-3 class size reduction programs should be fully funded by the state.

SAMPLE LETTER

Governor Arnold Schwarzenegger

State Capitol Building

Sacramento, CA 95814

Phone: 916-445-2841

Fax: 916-445-4633

governor@governor.ca.gov

Dear Governor Schwarzenegger,

As a member of the PTA, I write to ask you to support SB 311(Sher) Class Size Reduction. as amended Aug. 23 2004.

This bill adjusts the penalty provisions for exceeding the 20:1 size limit in grades K-3 and at the same time continues to provide an incentive to keep classes small. The PTA believes there should be no more than 20 students in grades K-3 based on extensive research that shows that smaller classes help young
children do better in school.

I believe this provides a common ground that provides flexibility AND meets the needs of children.

Sincerely,

Letters on organizational letterhead are usually given more weight than letters from individuals, so please consider modifying the letter and send it on your local PTA letterhead.

Legislation News:

Kick Off the Year by Registering Voters

How can you start the school year in a very meaningful way for legislation? Register people to vote!!! This is a non-advocacy activity which can take place on campus at your school.
Voter registration forms can be obtained in quantity from the Orange County Registrar of Voters in Santa Ana. People fill out the form and drop it in a mailbox. That's all there is to it! Registration may be done up until 15 days before the election; in the case of the November 2nd general election that is October 18th.
Back to School Night is a wonderful opportunity to put out registration materials and to remind people to vote. The boxed information below may be duplicated in your school newsletter or for flyers with your registration materials.
New Legislation Chairs: Make sure you have been given the proper materials, including the "Advocacy" section of the Toolkit. Familiarize yourself with PTA Advocacy by reading that section and looking online at California State PTA ( www.capta.org) and EdSource (www.edsource.org).

Participate in Democracy: VOTE!
Voter Registration Frequently Asked Questions
 

Capitol NewsClips

Reactions to the Budget…

Supt. of Public Instruction Jack O’Connell – While I am pleased that a budget will soon be signed by the Governor, I am disappointed that this budget represents, at best, status quo funding for our schools. The public should be aware that in this difficult budget year, our schools sacrificed more than $2 billion of the amount guaranteed them by the state Constitution under Proposition 98.

From the CA Teachers Assn. – ...“Students, teachers and schools will certainly feel pain in this budget, but I congratulate the Governor and Legislature for compromising and passing a state budget that provides cost of living and student growth increases for all K-12 schools and community colleges,” said Barbara E. Kerr, president of the 335,000 member CTA... But Kerr also warned that the barrage of cuts to public education cannot continue... Kerr also objected to one provision of the state budget that suspends the teacher tax credit for two years.  “Singling out teachers for tax increases in the middle of the year is outrageous,” said Kerr

Today’s News…

Senate Barely Passes Budget -- The California Senate barely approved Gov. Arnold Schwarzenegger's first state budget Thursday after most Republicans abandoned a governor of their own party with the same consistency they had opposed Democratic Gov. Gray Davis. To ensure passage of the $105.3-billion spending plan, Democratic leaders delayed the vote for two hours while they waited for one of their own, Sen. Ed Vincent, to arrive at the Capitol from his home in Inglewood. An aide said Vincent had missed his original flight. Jordan Rau in the Los Angeles Times -- 7/30/04

Radical Revamp of State Bureaucracy -- A panel created by Gov. Arnold Schwarzenegger is proposing a top-to-bottom overhaul of state government that would leave virtually no piece of the state's sprawling bureaucracy intact. It would wipe out more than 100 boards and commissions, consolidate a tangle of state services and give departments fresh mandates in an ambitious bid to make government leaner and improve its performance, according to a copy of a report obtained by The Times. Peter Nicholas and Robert Salladay in the Los Angeles Times Christian Berthelsen, Lynda Gledhill, John M. Hubbell and Victoria Colliver in the San Francisco Chronicle -- 7/30/04

Plan to overhaul education denounced as power grab -- A sweeping plan to give Gov. Arnold Schwarzenegger virtually all responsibility for California's public schools has not yet been made public, but it's already being called an outrageous power grab -- and worse. "It sounds like real crap," said John Vasconcellos, a San Jose Democrat who chairs the Senate Education Committee. "It's part of an effort to have the governor become God." Nanette Asimov in the San Francisco Chronicle -- 7/30/04

OAKLAND / $2 million grant to help history teachers -- East Bay schools will receive nearly $2 million from the federal Department of Education to improve history instruction. The agency announced Thursday that it would award $1 mil... Carrie Sturrock in the San Francisco Chronicle – 7/30/04

Held Back to Get Ahead -- More children are repeating a grade in school to gain an edge in athletics. Experts worry about fairness and skewed priorities. Los Angeles Times – 7/30/04

 Other News…

The Relationship Between Reading and Schooling -- The National Endowment for the Arts (NEA), recently issued a study, "Reading at Risk," showing only 57 percent of the public said they had read a book in the previous year, a 10-point drop from 1982 to 2002. This despite the fact that the NEA gave credit for reading the entire book to anyone who had read three pages. David W. Kirkpatrick, Senior Education Fellow, U.S. Freedom Foundation – 7/30/04

Teaching Interrupted: Do Discipline Policies in Today's Public Schools Foster the Common Good?-- Teachers and parents say too many students are losing critical opportunities for learning -- and too many teachers are leaving the profession -- because of the behavior of a few persistent classroom troublemakers. Public Agenda – 7/30/04

 ** Left click on the bold blue to read the entire article.