December 2014 – Vol. 27 No. 4

The History of the Graduation Requirement Mandate

Posted: Thursday, March 1st, 2012

by Carolyn Holcroft

To truly understand the context behind the current dialog and debate regarding the proposed graduation requirement mandate elimination, we have to go back to 1979. That year California voters passed Proposition 4, thus requiring the State of California to reimburse local governments (including schools) for any increased costs resulting from new programs or higher levels of service required by state law, technically labeled a “mandate.” (This was ultimately codified in Government Code section 17561.) Right now there are 51 mandates on the books for which the state must reimburse schools.

This background helps inform the current situation because a mandate was effectively created when California Education Code section 51225.3 (a)(1)(C) was added by Chapter 498, Statutes of 1983. Prior to 1986, California high school students were required to complete only one high school science course in order to graduate. However, §51225.3 increased the minimum requirement to two science courses – one in physical science and one in biological science. The Commission on State Mandates (CSM) subsequently identified this new requirement as a mandate in November, 1986, and then in March 1988, they adopted the “Parameters and Guidelines,” which formally established the mandate and defined which costs associated with the additional science requirement were eligible for reimbursement.

When the mandate was originally imposed, the costs associated with requiring an additional science course were predicted to be reasonably within the state’s financial resources. This changed, though, when the San Diego Unified School District finally won a law suit against the CSM in 2004. The case was Sacramento County Superior Court Case No. 03CS0140 and had begun years earlier in the 1980s. The SDUSD (and several other schools) had filed reimbursement claims in which they included salary costs incurred from staffing the additional science course. However, the state asserted such expenditures were excluded because the cost of staffing the second science course could be offset by cancelling other “elective” courses – that is, the additional science course could be offered in lieu of, rather than in addition to, other non-core curricular offerings. After years of legal battle the court finally concluded in 2004 that the language in 51225.3 only required a second science course and did not mandate the elimination of any other curriculum in lieu of the second science course requirement.

The second major occurrence leading to the current crisis was a 2008 court decision in the case, “California School Boards Association (CSBA) vs. State of California.” The troubles precipitating this suit began in 2002 when the California Legislature began the practice of appropriating $1,000 for each K-12 mandate and “deferring” payment of the remaining balances, asserting that this met the legal obligation for reimbursement at least temporarily, and that the balances would be paid at some future (unspecified) time. In 2007, CSBA sued the state for the remaining monies and requested the court prohibit the state from continuing their practice of deferral. On December 4, 2008, a San Diego Superior Court judge ruled that the practice of deferral is unconstitutional and this decision was subsequently upheld on appeal in a legal opinion dated February 9, 2011. However, the court did not order the state to cough up the rest of the money it owed, estimated at the time to be approximately $900 million for all underfunded mandates, stating that this would be a violation of the separation of powers doctrine.

In light of the 2004 and 2007 court decisions, the CSM was obliged to amend the parameters and guidelines for the additional science class mandate. Amended parameters and guidelines were initially adopted in November 2008, but then “corrected” parameters and guidelines were issued in December 2008, and it is this document that outlines the current rules for mandate-related reimbursement. These amended versions changed and clarified the way that school districts can claim increased costs associated with the additional science class, such as teaching salary costs and acquisition of space, equipment, and supplies. It’s especially important to note that the most recently adopted parameters and guidelines amendment is effective back to January 1, 2005 – that is, school districts can submit adjusted reimbursement claims retroactive all the way back to January 2005. The State Controller’s Office (SCO) just released the “Claiming Instructions” for the amended claims parameters in July 2011 and not surprisingly, school districts are submitting revised claims for additional costs not allowed under the original parameters and guidelines, and these are predicted to lead to a tremendous increase in cost to the state. At this point the mandate requiring a second science class is estimated to be one of the top two most expensive mandates the state must fund, perhaps exceeding $200 million.

Coming back to the present day…it is rumored that Governor Brown’s office is looking to modify that statute, as recommended in the LAO report, to maintain the requirement of two years of science to graduate from high school without it being a reimbursable mandate. Additionally, the Department of Finance still has litigation pending against the Commission on State Mandates (Sacramento Superior Court Case # 34-2010-80000529-CU-WM-GDS, Department 31) regarding the guidelines the CSM adopted in 2008. This case is currently scheduled for hearing on June 1.

CSTA will continue to pursue this issue and keep the membership informed of new developments.

 

Written by California Science Teachers Association

California Science Teachers Association

CSTA represents science educators statewide—in every science discipline at every grade level, Kindergarten through University.

2 Responses

  1. […] by $200 million, eliminating the mandate for the second year of science for graduation would be a step back to 1986 when the second year of science was added to the graduation requirements. Elimination of the mandate could be seen by low performing schools as permission to drop science […]

  2. […] The History of the Graduation Requirement Mandate […]

Leave a Reply

LATEST POST

Who Else Wants to Share Their Great Idea?

Posted: Friday, December 12th, 2014

by Lisa Hegdahl

Colleagues Helping Colleagues

I have been to so many California Science Education Conferences over the years that I cannot be certain which ideas I obtained in which year, but I do know that most of what my lesson plans contain came from ideas I acquired at those conferences.  Destroying Water, Domino Derby, Student Periodic Squares, Buggy Car Physics, Valence Shell Ping Pong Balls, Vinegar/Baking Soda Conservation of Matter, Stellar Distances, just to name a few, were all given to me by colleagues that were willing to take the time to share a piece of their classrooms.

Your Great Idea

You know you have it.  That lesson that never fails to engage students at a high level of learning; that teaching strategy that works every time; or that technology application that brought your classroom into the 21st century.  Why keep it to yourself?  Share it with your colleagues at the California Science Education Conference, October 2-4, 2015 in Sacramento.  CSTA is now accepting workshop and short course proposals from classroom teachers, informal educators, university professors, education professionals, and other members of the education community.  Sharing our best practices with each other helps to make high quality Science education a reality for all students in California. Learn More…

Powered By DT Author Box

Written by Lisa Hegdahl

Lisa Hegdahl is an 8th grade science teacher at McCaffrey Middle School in Galt, CA and is president-elect of CSTA.

The E Word

Posted: Wednesday, December 10th, 2014

by Jill Grace

There’s so much excitement lately in the world of NGSS. There is an energy I haven’t felt since I was a new teacher. It’s palpable. Teachers are once again the learners, outside our comfort zones trekking along a new path, making new discoveries, trying new things. Some of these new experiences are fantastic and fill us with a new sense of purpose and inspiration. Some end up being things we profusely apologize to our students for, “Sorry guys, that pretty much didn’t work out at all, let’s try this instead”. No doubt this is an exhaustive process, mentally and even sometimes physically, and on some days we might wish we could crawl up on our couches under that super fluffy blanket (insert comforting beverage of your choice) and forget that change is upon us. But it’s also exhilarating. It makes you feel alive again.

Given all of the changes, I have been feeling pretty comfortable. I thrive in “big idea land” and love weaving multiple layers into my instruction, so the whole 3D aspect to NGSS is gratifying to me (3D = the blending of Science and Engineering Practices, Disciplinary Core Ideas, and Cross Cutting Concepts). I love the challenge of getting my students to the point where they have their “ah ha!” moment and see it all come together. With my background in marine biology, a very “integrated” field, I’ve had an easier time wrapping my head around the middle school progressions and seeing the connections in a way that I can tell is harder for many of my colleagues. I’ve been feeling pretty great about it all. Except for one tiny little thing.

Engineering. Learn More…

Written by Jill Grace

Jill Grace

Jill Grace teaches 7th grade science at Palos Verdes Intermediate School and is the Middle School/Jr. High Director for CSTA.

Season’s Greetings

Posted: Wednesday, December 10th, 2014

by Laura Henriques

Happy December! I am exhausted but really happy after the Long Beach Conference. It was great to see so many CSTA members! With more than 5,200 people in attendance (most from California), this was one of the biggest NSTA regional conferences ever. Sessions were packed, some to the point of overflowing. I applaud NSTA’s efforts to extend the conference into Saturday afternoon and I thank the conference presenters who were willing to repeat their workshop on Saturday. (To get handouts from the sessions please visit the NSTA Conference site, browse sessions and select the session(s) of interest. If the presenter has uploaded handouts you will find them posted with the session information.) Learn More…

Written by Laura Henriques

Laura Henriques

Laura Henriques is a professor of science education at CSU Long Beach and president of CSTA.

CSTA Night at the Aquarium – A Good Time Was Had by All!

Posted: Wednesday, December 10th, 2014

by Jill Grace and Laura Henriques

Close to 700 science educators enjoyed an evening of Science, Engineering and STEM at the Long Beach Aquarium of the Pacific on Thursday, December 4th. This great CSTA event was co-hosted by Long Beach Aquarium of the Pacific and CSTA and sponsored by Chevron.

In addition to having the entire aquarium to ourselves, there were five scientists who gave talks, two dozen table-top STEM/Engineering showcase presentations and the LBAOP’s Science on a Sphere. After eating dinner, glowstick-clad attendees visited the penguins, jellies, and other exhibits representing marine life of the pacific. Learn More…

Written by California Science Teachers Association

California Science Teachers Association

CSTA represents science educators statewide—in every science discipline at every grade level, Kindergarten through University.

Support CSTA and Take the Deduction on Your 2014 Taxes

Posted: Wednesday, December 10th, 2014

by Jessica Sawko

CSTA is so fortunate to have so many hard-working and dedicated members. CSTA membership dues support the production and distribution of this newsletter, CSTA’s state-level policy activities, including NGSS implementation activities, the CSTA website, and a small portion of dues go to support our state-level legislative activities. 2014 is a special year for CSTA, as it marks the 50th anniversary of the filing to CSTA’s Articles of Incorporation. Many volunteer leaders were involved in that process 50 years ago and to this day it is volunteers that do much of the work of CSTA.

CSTA is a non-profit 501(c)(3) organization and accepts donations to support our leadership programs, such as our leadership event held at the annual conference and designed to help nurture, inspire, and support California’s emerging leaders in science education.

As the end of the year approaches and you consider making contributions to charities and non-profits that support you and your values as a science educator, please consider making a tax-deductible donation to CSTA’s 50th anniversary fund. This fund was established at the beginning of 2014 and the monies donated to this fund support CSTA’s leadership development program. Donors who donate $50 or more will receive a commemorative 50th anniversary pin. Donations to this fund are tax deductible (please check with your tax-preparation specialist). Click here to donate online today.

If a donation to CSTA’s 50th anniversary fund is not a match for you this year, I hope you will consider supporting CSTA as you shop for holiday gifts (and year-round). Learn More…

Written by Jessica Sawko

Jessica Sawko

Jessica Sawko is CSTA’s Executive Director.