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SB-723 Pupil instruction: tutoring program: learning loss mitigation.(2021-2022)

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Date Published: 05/05/2021 09:00 PM
SB723:v97#DOCUMENT

Amended  IN  Senate  May 05, 2021
Amended  IN  Senate  April 21, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 723


Introduced by Senator Rubio

February 19, 2021


An act to add Chapter 4 (commencing with Section 58550) to Part 31 of Division 4 of Title 2 of the Education Code, relating to pupil instruction.


LEGISLATIVE COUNSEL'S DIGEST


SB 723, as amended, Rubio. Pupil instruction: tutoring program: learning loss mitigation.
Existing law establishes a system of public elementary and secondary education in this state, and authorizes local educational agencies throughout the state to provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. For purposes of calculating apportionments for the 2020–21 fiscal year, existing law requires a local educational agency to offer in-person instruction and authorizes it to offer distance learning, as specified. Existing law requires the California Collaborative for Educational Excellence and the State Department of Education, by September 1, 2018, to establish a process to select county offices of education to serve as geographic lead agencies that work collaboratively with the department and the California Collaborative for Educational Excellence to advance the purpose of the statewide system of support, as specified.
This bill would establish the California Leadership, Excellence, Academic, Diversity, and Service-Learning Tutoring Program. The bill would require geographic lead agencies the department to administer the tutoring program to provide supplemental individualized learning assistance, both in-person and online, to address learning loss, as specified. The bill would require the department, on or before April 1, 2022, to adopt regulations related to the tutoring program. The bill would require each county office of education to use these regulations to facilitate and implement the program in their county, and would require geographic lead agencies to be available to provide technical assistance to county offices of education and school districts, as specified. The bill would require geographic lead agencies county offices of education to notify the department, on or before May 1, 2022, of school districts that have decided to participate in the tutoring program. The bill would require the department to announce the list of participating school districts on or before June 1, 2022. The bill would make all public school pupils in kindergarten and grades 1 to 12, inclusive, in school districts that meet criteria adopted in the department’s regulations eligible to participate in the tutoring program. The bill would require each school district that chooses to participate in the program, upon a subsequent appropriation by the Legislature, to develop and implement supplemental individualized learning assistance for pupils. The bill would require the participating school districts to submit reports to the department detailing learning gains and program costs on before August 1, 2023, and annually thereafter. The bill would require the department, on or before December 1, 2023, to submit a report to the Legislature on the program that includes, but is not limited to, recommendations on how to improve the program. The bill would require the tutoring program to only become operative upon an appropriation by the Legislature. To the extent county offices of education are required to perform additional duties, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The COVID-19 pandemic continues to disrupt elementary and secondary education in the state, and the impact will last long after the pandemic. Early evidence shows that pupils have experienced significant learning loss in both English language arts and mathematics, particularly in earlier grades.
(b) For example, EdSource found: “On the MAP (MAP Growth Assessment) fourth-grade and eighth-grade English language arts test, low-income pupils showed a 7 percent decline in the normal rate of learning, while wealthier pupils showed a 5 percent faster than normal growth rate. Combining the two rates equal a one-year learning gap of 12 percent. On the fifth-grade MAP English language arts test, English language learners showed 30 percent less growth than normal, while non-English learners showed only a 10 percent drop - a gap of 20 percentage points.”
(c) On average, pupils in grades 4 to 12, inclusive, received less instruction than required by the state during distance learning. In addition, access to in-person learning was more limited in school districts with higher high-poverty, Black, Latino, and English language learner pupils.
(d) There is a significant learning loss in both English language arts and mathematics with earlier grades most affected, and Black, Latino, low-income, and English language learners falling more behind.
(e) Current tutoring efforts under the local control funding formula shall not be displaced by the California LEADS (Leadership, Excellence, Academic, Diversity, and Service-Learning) Tutoring Program established by this act, but instead this statewide tutoring program shall be an additional tool for school districts to use.
(f) The California LEADS Tutoring Program will strengthen the teacher pipeline by encouraging pupils to explore careers in education and allow college students to receive college credit toward their degrees to remain on track for graduation.

SEC. 2.

 Chapter 4 (commencing with Section 58550) is added to Part 31 of Division 4 of Title 2 of the Education Code, to read:
CHAPTER  4. California LEADS Tutoring Program

58550.
 The California LEADS (Leadership, Excellence, Academic, Diversity, and Service-Learning) Tutoring Program is hereby established.

58551.
 For purposes of this chapter, the following definitions apply:
(a) “COVID-19 learning loss” means the missed opportunities for in-person learning caused by school closures due to the COVID-19 pandemic. All public school pupils in kindergarten and grades 1 to 12, inclusive, in school districts that meet criteria adopted pursuant to subdivision (b) of Section 58552, shall be eligible to participate in the California LEADS Tutoring Program.
(b) “Geo leads” means the geographic lead agencies selected pursuant to Section 52073.
(c) “LEADS participants” means school districts that decide to participate in the California LEADS Tutoring Program.
(d) “Supplemental individualized learning assistance” means tutoring, taking place outside of normal school hours, both online and in-person, designed to help address COVID-19 learning loss.

58552.
 (a) The geo leads department shall administer the California LEADS Tutoring Program under the statewide system of support to provide supplemental individualized learning assistance, both in-person and online, to pupils to address COVID-19 learning loss. It is the intent of the Legislature that the California LEADS Tutoring Program continue in existence after the COVID-19 pandemic.
(b) The department shall, on or before April 1, 2022, adopt regulations to govern the California LEADS Tutoring Program. Geo leads Each county office of education shall use these regulations to facilitate and implement the program. program in their county, and geo leads shall be available to provide technical assistance to county offices of education and LEADS participants, as appropriate. The regulations shall include, but not be limited to, all of the following:
(1) The subjects and modes of instruction for kindergarten and grades 1 to 12, inclusive, to be offered by the tutoring program.
(2) Criteria for school districts that are eligible to participate in the program, including those that are in the red or orange tier based on the academic indicator on the California School Dashboard maintained by the department pursuant to Section 52064.5.
(3) Guidelines on how school districts will conduct outreach to pupils to enroll in the program.
(4) Require instruction in English language arts and mathematics. The regulations may authorize instruction in other subjects.
(5) Guidelines on selecting tutors that ensure all of the following:
(A) All tutor applicants are thoroughly vetted.
(B) All tutor applicants who are themselves pupils or students are in good academic standing.
(C) All tutor applicants have passed a criminal background check.
(D) All tutor applicants have been interviewed and obtained relevant training.
(E) Retired teachers are encouraged to become tutors.
(F) Recipients of the State Seal of Biliteracy are encouraged to participate in the program and become a tutor.
(6) Proposed mechanisms for tutors enrolled in postsecondary educational institutions to receive college credit and workstudy for tutoring.
(7) Provide mechanisms for the California LEADS Tutoring Program to strengthen the teacher pipeline by encouraging tutors to pursue careers in education.
(8) Guidelines for LEADS participants to compensate tutors with stipends for their work during the duration of the program.

58553.
 (a) On or before May 1, 2022, geo leads county offices of education shall notify the department of school districts that have decided to participate in the California LEADS Tutoring Program.
(b) The department shall, on or before June 1, 2022, announce the list of school districts that have decided to participate in the California LEADS Tutoring Program.

58554.
 Upon being announced as a LEADS participant and appropriation by the Legislature, each LEADS participant shall be apportioned funding that shall be used for supplemental individualized learning assistance.

58555.
 Each LEADS participant shall, on or before August 1, 2023, and annually thereafter, submit a report to the department detailing learning gains and program costs.

58556.
 (a) The department shall, on or before December 31, 2023, submit a report to the Legislature on the California LEADS Tutoring Program that includes, but is not limited to, a recommendation on how to improve the program.
(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

58557.
 This chapter shall become operative only upon an appropriation by the Legislature in the annual Budget Act or in another statute for this purpose.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.