August 2015 – Vol. 27 No. 12

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

Where California K-12 Science Teachers Go for NGSS

Posted: Friday, August 14th, 2015

RegisterNowMedNow is the time to register for the 2015 California Science Education Conference presented by the California Science Teachers Association (CSTA).  Attending the CSTA 2015 conference is a great way to gain professional development, and network with other science teachers from across the state, and obtain new classroom ideas, in one place over three days!

The California Science Education Conference is your best source of information on implementing NGSS in your classroom.

The California Science Teachers Association hosts this conference to focus on what California science educators need to know to hone their craft, stay updated on standards, and apply best practices gleaned from experts throughout the state. 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.

What Is the Role of Lecture in NGSS?

Posted: Tuesday, August 11th, 2015

by Peter A’Hearn

Is there a role for lecture in NGSS classrooms? Anyone who has spent much time working on the NGSS knows that NGSS is learner centered, more about helping students to develop the tools to investigate the world than about teachers supplying knowledge. The traditional teaching style of the teacher talking and students taking notes seems to be opposite of this vision.

This vision is supported by research indicating that traditional lecture is not an effective way to teach science. Nobel Prize winning physicist Dr. Carl Wieman makes a strong case against lecture as a way to teach science.  Click here to read a summary of his findings. Learn More…

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Written by Peter AHearn

Peter AHearn

Peter A’Hearn is the K-12 science specialist in the Palm Springs Unified School District and is Region 4 Director for CSTA.

Middle School Integrated Science – Getting Over It!

Posted: Tuesday, August 11th, 2015

by Peter A’Hearn

6th graders design bionic hands as they study how body systems work together in a unit that was moved to 6th grade this year- photo by Peter A’Hearn

6th graders design bionic hands as they study how body systems work together in a unit that was moved to 6th grade this year- photo by Peter A’Hearn

Last spring I wrote an article/blog post that addressed the growing discussion about the decision to teach middle school integrated or discipline specific science. The article gives the rationale for the change and also some different models that were considered for how to transition.

There was a lot of feedback to that post: strongly supportive, deeply skeptical, and many follow up questions. Now that Palm Springs USD has finished the first year of the transition, I thought it would be a good time to look back and see how it went.

The middle school teacher leaders who helped to make the decision chose the “fast” transition plan below. Year 2 was what we just finished. 6th grade teachers (and kids) were introduced to structure and function in living things. 7th graders tried chemistry for the first time, and 8th graders played with waves. Everyone tried a little (or a lot) of engineering. Learn More…

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Written by Peter AHearn

Peter AHearn

Peter A’Hearn is the K-12 science specialist in the Palm Springs Unified School District and is Region 4 Director for CSTA.

Staying Connected by Volunteering

Posted: Tuesday, August 11th, 2015

by Lisa Hegdahl

As an 8th grade science teacher in a district that is participating in the CA NGSS Early Implementation Initiative, I spent much of my summer break training with members of other Early Implementer districts (see NGSS Blog- Middle School Integrated Science- Getting Over It! By Peter A’hearn. Just as our students want to feel connected to each other (see Starting the School Year Right, by Joanne Michael) teachers also seek opportunities to connect and collaborate with other educators – even more so now with NGSS implementation actively happening in California. Perhaps connecting with others is the reason why, this year, the California Science Teachers Association had a record number of its members volunteer to serve on its committees. Teachers know that we are stronger when we come together to overcome our challenges. Learn More…

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Written by Lisa Hegdahl

Lisa Hegdahl

Lisa Hegdahl is an 8th grade science teacher at McCaffrey Middle School in Galt, CA and is President for CSTA.

Where to Go in Sacramento: Field Courses for the CSTA Conference

Posted: Tuesday, August 11th, 2015

by Peter A’Hearn

When it comes to conferences I’m pretty much a workshop guy. You get lots of great ideas in a short time, lots of choices, and you are hearing it straight from teachers. But looking at the field studies being offered at the 2015 California Education Conference in Sacramento this October, I’m thinking I might just spend the whole conference learning science on the amazing field courses being offered.

Here are your choices:

AHearn_Field_Course_Photo_1The Science in Your Beer: Chemistry, Microbiology, and Sensory Analysis at Sudwerk Brewery – Visit with the scientists at the UC Davis Brewing Program, the yeast geeks at White Labs, and the brewers of Sudwerk Brewery to learn about the biochemistry and microbiology that goes into the beer you love to drink. We will share NGSS aligned activities (classroom appropriate) on reaction rate and population biology. You will also explore the chemistry of beer flavor and learn how to make taste testing scientifically rigorous! Learn More…

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Written by Peter AHearn

Peter AHearn

Peter A’Hearn is the K-12 science specialist in the Palm Springs Unified School District and is Region 4 Director for CSTA.