January/February 2018 – Vol. 31 No. 2

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 […]

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LATEST POST

Accelerating into NGSS – A Statewide Rollout Series Now Accepting Registrations

Posted: Friday, January 19th, 2018

Are you feeling behind on the implementation of NGSS? Then Accelerating into NGSS – the Statewide Rollout event – is right for you!

WHO SHOULD ATTEND
If you have not experienced Phases 1-4 of the Statewide Rollout, or are feeling behind with the implementation of NGSS, the Accelerating Into NGSS Statewide Rollout will provide you with the greatest hits from Phases 1-4!

OVERVIEW
Accelerating Into NGSS Statewide Rollout is a two-day training geared toward grade K-12 academic coaches, administrators, curriculum leads, and teacher leaders. Check-in for the two-day rollout begins at 7:30 a.m., followed by a continental breakfast. Sessions run from 8:00 a.m. to 4:15 p.m. on Day One and from 8:00 a.m. to 3:30 p.m. on Day Two.

Cost of training is $250 per attendee. Fee includes all materials, continental breakfast, and lunch on both days. It is recommended that districts send teams of four to six, which include at least one administrator. Payment can be made by check or credit card. If paying by check, registration is NOT complete until payment has been received. All payments must be received prior to the Rollout location date you are attending. Paying by credit card secures your seat at time of registration. No purchase orders accepted. No participant cancellation refunds.

For questions or more information, please contact Amy Kennedy at akennedy@sjcoe.net or (209) 468-9027.

REGISTER

http://bit.ly/ACCELERATINGINTONGSS

DATES & LOCATIONS
MARCH 28-29, 2018
Host: San Mateo County Office of Education
Location: San Mateo County Office of Education, Redwood City

APRIL 10-11, 2018
Host: Orange County Office of Education
Location: Brandman University, Irvine

MAY 1-2, 2018
Host: Tulare County Office of Education
Location: Tulare County Office of Education, Visalia

MAY 3-4, 2018
Host: San Bernardino Superintendent of Schools
Location: West End Educational Service Center, Rancho Cucamonga

MAY 7-8, 2018
Host: Sacramento County Office of Education
Location: Sacramento County Office of Education Conference Center and David P. Meaney Education Center, Mather

JUNE 14-15, 2018
Host: Imperial County Office of Education
Location: Imperial Valley College, Imperial

Presented by the California Department of Education, California County Superintendents Educational Services Association/County Offices of Education, K-12 Alliance @WestEd, California Science Project, and the California Science Teachers Association.

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.

The Teaching and Learning Collaborative, Reflections from an Administrator

Posted: Friday, January 19th, 2018

by Kelly Patchen

My name is Mrs. Kelly Patchen, and I am proud to be an elementary assistant principal working in the Tracy Unified School District (TUSD) at Louis Bohn and McKinley Elementary Schools. Each of the schools I support are Title I K-5 schools with about 450 students, a diverse student population, a high percentage of English Language Learners, and students living in poverty. We’re also lucky to be part of the CA NGSS K-8 Early Implementation Initiative with the K-12 Alliance. Learn More…

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Written by NGSS Early Implementer

NGSS Early Implementer

In 2015 CSTA began to publish a series of articles written by teachers participating in the California NGSS k-8 Early Implementation Initiative. This article was written by an educator(s) participating in the initiative. CSTA thanks them for their contributions and for sharing their experience with the science teaching community.

2018 CSTA Conference Call for Proposals

Posted: Wednesday, January 17th, 2018

CSTA is pleased to announce that we are now accepting proposals for 90-minute workshops and three- and six-hour short courses for the 2018 California Science Education Conference. Workshops and short courses make up the bulk of the content and professional learning opportunities available at the conference. In recognition of their contribution, members who present a workshop or short course receive 50% off of their registration fees. Click for more information regarding proposals, or submit one today by following the links below.

Short Course Proposal

Workshop Proposal 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.

CSTA’s New Administrator Facebook Group Page

Posted: Monday, January 15th, 2018

by Holly Steele

The California Science Teachers Association’s mission is to promote high-quality science education, and one of the best practice’s we use to fulfill that mission is through the use of our Facebook group pages. CSTA hosts several closed and moderated Facebook group pages for specific grade levels, (Elementary, Middle, and High School), pages for district coaches and science education faculty, and the official CSTA Facebook page. These pages serve as an online resource for teachers and coaches to exchange teaching methods, materials, staying update on science events in California and asking questions. CSTA is happy to announce the creation of a 6th group page called, California Administrators Supporting Science. Learn More…

Written by Guest Contributor

From time to time CSTA receives contributions from guest contributors. The opinions and views expressed by these contributors are not necessarily those of CSTA. By publishing these articles CSTA does not make any endorsements or statements of support of the author or their contribution, either explicit or implicit. All links to outside sources are subject to CSTA’s Disclaimer Policy: http://www.classroomscience.org/disclaimer.

Find Your Reason to Engage

Posted: Monday, January 15th, 2018

by Jill Grace

I was recently reflecting on events in the news and remembered that several years ago, National Public Radio had a story about a man named Stéphane Hessel, a World War II French resistance fighter, Nazi concentration camp survivor, and contributor to the United Nation’s Universal Declaration of Human Rights. The story focused on a book he had published, Time for Outrage (2010).

In it, Hessel makes the argument that the worst attitude is indifference:

“Who is in charge; who are the decision makers? It’s not always easy to discern. We’re not dealing with a small elite anymore, whose actions we can clearly identify. We are dealing with a vast, interdependent world that is interconnected in unprecedented ways. But there are unbearable things all around us. You have to look for them; search carefully. Open your eyes and you will see. This is what I tell young people: If you spend a little time searching, you will find your reasons to engage. The worst attitude is indifference. ‘There’s nothing I can do; I get by’ – adopting this mindset will deprive you of one of the fundamental qualities of being human: outrage.  Our capacity for protest is indispensable, as is our freedom to engage.”

His words make me take pause when I think of the status of science in the United States. A general “mistrust” of science is increasingly pervasive, as outlined in a New Yorker article from the summer of 2016. Learn More…

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Written by Jill Grace

Jill Grace

Jill Grace is a Regional Director for the K-12 Alliance and is President of CSTA.