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Policy Updates

California Policy Updates
by Liz Guillen

Liz Guillen is the Policy Advocate for Public Advocates, Inc., a public interest civil rights law firm based in San Francisco. Liz supports the efforts of community and grassroots groups around the state to promote the cause of educational justice in Sacramento.

 

The most significant legislation aimed at closing the education opportunity gap was passed in the final days of the 2003-04 legislative session when the California Senate and Assembly passed four bills to fulfill the settlement in the Williams v. State lawsuit. The lawsuit was filed over four years ago, on the Anniversary of Brown v. Board of Education. The plaintiffs are Eliezer Williams and over a million other students trapped in the worst schools with no chance to meet the State’s standards because their schools do not provide basic tools such as textbooks and trained teachers, and their school buildings are overcrowded, dilapidated, filthy and unhealthy.

The State spent nearly $20 million to defend and delay the lawsuit, but on August 13, Governor Schwarzenegger acknowledged that it is ultimately the State’s responsibility to ensure basic equality in learning conditions. On August 27, the Legislature passed SB 550, SB 6, AB 1550 and AB 3001, defining standards for textbooks, teachers and facilities, establishing an accountability system to make sure schools provide these basic necessities, and providing new money to back it up. Here are highlights from those bills:

New Standards:


• State’s commitment to meet the federal No Child Left Behind Act standard of a “highly qualified” teacher in every core class by 2006

• Definitions of teacher “misassignments” and “vacancies”, including teachers for English Language Learners (“ELLs”)

• Requirement that every student, including ELLs, be provided with textbooks for class and homework

• Requirement that the Office of Public School Construction will develop health and safety standards to ensure clean, safe, and well-maintained school facilities

• Prohibition of a district-wide increase in the number of schools operating on the Concept 6 calendar (163 instead of 180 days) to relieve overcrowding

• Elimination of Concept 6 calendar by 2012


Additional Resources:



• Up to $800 million to emergency facilities repairs over the next four years through the new School Facilities Emergency Repair Account

• $138 million for textbooks for the lowest performing schools

• $50 million for County Superintendents to review, monitor and report on schools’ implementation of the settlement in 2004-05, including $25 million for a first-time, statewide facilities inventory and needs assessment of the lowest performing schools

• Continuing the High Priority Schools Grant Program with funding of $200-plus million annually by replacing schools whose grants expire with other low performing schools

• Improving teacher supply by streamlining requirements for out-of-state credentialed teachers to earn California credentials

• Requiring the State Superintendent of Public Instruction to award incentive funding to provide school site administrators with training in hiring, recruitment, and retention practices, and in the provision of adequate instructional materials


Greater Accountability:



• Increased capacity of County Superintendents to ensure the lowest performing schools meet new facilities and textbooks standards and ELLs have appropriately trained teachers

• Requiring County Superintendents to conduct an annual audit to verify the accuracy of information reported on School Accountability Report Cards (“SARCs”) and limiting reimbursement for preparing SARCs to those determined to be accurate

• Development of a facilities inspection program for each district

• Uniform complaint process regarding teacher vacancies and misassignments, inadequate instructional materials and poor facilities, and public reporting of summaries of complaints by each school district board
  

• Posting of instructional materials and facilities standards in all classrooms

State Intervention:



• Empowering County Superintendents to request the State to purchase books for students when districts have not satisfied the new textbook standards

• Providing for appeals to the State Superintendent of Public Instruction if complaints regarding facilities under the new uniform complaint process are not satisfied at the district level

• Empowering County Superintendents to assign teams to review and make recommendations to be followed regarding district hiring practices when districts fall short of qualified teachers

• Empowering State Board of Education to oversee school districts still using Concept 6 calendars after 2009

Community advocates statewide are gearing up to learn the specific responsibilities and rights created by the new legislation. Each of us -- students, parents, educators and community advocates – has a role to ensure the rights promised in the Williams settlement and this legislation become a reality.

 

For more information about the Williams settlement or the legislation, contact Liz Guillen at (916) 442-3385, or John Affeldt and Jenny Pearlman at (416) 431-7430 at Public Advocates, Inc. See our website at www.publicadvocates.org. For a copy of the legislation, go to www.leginfo.ca.gov, click on Bill Information and enter the bill number.