May/June 2017 – Vol. 29 No. 7

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

Participate in Chemistry Education Research Study, Earn $500-800 Dollars!

Posted: Tuesday, May 9th, 2017

WestEd, a non-profit educational research agency, has been funded by the US Department of Education to test a new molecular modeling kit, Happy Atoms. Happy Atoms is an interactive chemistry learning experience that consists of a set of physical atoms that connect magnetically to form molecules, and an app that uses image recognition to identify the molecules that you create with the set. WestEd is conducting a study around the effectiveness of using Happy Atoms in the classroom, and we are looking for high school chemistry teachers in California to participate.

As part of the study, teachers will be randomly assigned to either the treatment group (who uses Happy Atoms) or the control group (who uses Happy Atoms at a later date). Teachers in the treatment group will be asked to use the Happy Atoms set in their classrooms for 5 lessons over the course of the fall 2017 semester. Students will complete pre- and post-assessments and surveys around their chemistry content knowledge and beliefs about learning chemistry. WestEd will provide access to all teacher materials, teacher training, and student materials needed to participate.

Participating teachers will receive a stipend of $500-800. You can read more information about the study here: https://www.surveymonkey.com/r/HappyAtoms

Please contact Rosanne Luu at rluu@wested.org or 650.381.6432 if you are interested in participating in this opportunity, or if you have any questions!

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.

2018 Science Instructional Materials Adoption Reviewer Application

Posted: Monday, May 8th, 2017

The California Department of Education and State Board of Education are now accepting applications for reviewers for the 2018 Science Instructional Materials Adoption. The application deadline is 3:00 pm, July 21, 2017. The application is comprehensive, so don’t wait until the last minute to apply.

On Tuesday, May 9, 2017, State Superintendent Tom Torlakson forwarded this recruitment letter to county and district superintendents and charter school administrators.

Review panel members will evaluate instructional materials for use in kindergarten through grade eight, inclusive, that are aligned with the California Next Generation Science Content Standards for California Public Schools (CA NGSS). 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.

Lessons Learned from the NGSS Early Implementer Districts

Posted: Monday, May 8th, 2017

On March 31, 2017, Achieve released two documents examining some lessons learned from the California K-8 Early Implementation Initiative. The initiative began in August 2014 and was developed by the K-12 Alliance at WestEd, with close collaborative input on its design and objectives from the State Board of Education, the California Department of Education, and Achieve.

Eight (8) traditional school districts and two (2) charter management organizations were selected to participate in the initiative, becoming the first districts in California to implement the Next Generation Science Standards (NGSS). Those districts included Galt Joint Union Elementary, Kings Canyon Joint Unified, Lakeside Union, Oakland Unified, Palm Springs Unified, San Diego Unified, Tracy Joint Unified, Vista Unified, Aspire, and High Tech High.

To more closely examine some of the early successes and challenges experienced by the Early Implementer LEAs, Achieve interviewed nine of the ten participating districts and compiled that information into two resources, focusing primarily on professional learning and instructional materials. 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.

Using Online Simulations to Support the NGSS in Middle School Classrooms

Posted: Monday, May 8th, 2017

by Lesley Gates, Loren Nikkel, and Kambria Eastham

Middle school teachers in Kings Canyon Unified School District (KCUSD), a CA NGSS K-8 Early Implementation Initiative district, have been diligently working on transitioning to the Next Generation Science Standards (NGSS) integrated model for middle school. This year, the teachers focused on building their own knowledge of the Science and Engineering Practices (SEPs). They have been gathering and sharing ideas at monthly collaborative meetings as to how to make sure their students are not just learning about science but that they are actually doing science in their classrooms. Students should be planning and carrying out investigations to gather data for analysis in order to construct explanations. This is best done through hands-on lab experiments. Experimental work is such an important part of the learning of science and education research shows that students learn better and retain more when they are active through inquiry, investigation, and application. A Framework for K-12 Science Education (2011) notes, “…learning about science and engineering involves integration of the knowledge of scientific explanations (i.e., content knowledge) and the practices needed to engage in scientific inquiry and engineering design. Thus the framework seeks to illustrate how knowledge and practice must be intertwined in designing learning experiences in K-12 Science Education” (pg. 11).

Many middle school teachers in KCUSD are facing challenges as they begin implementing these student-driven, inquiry-based NGSS science experiences in their classrooms. First, many of the middle school classrooms at our K-8 school sites are not designed as science labs. 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 NGSS 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.

Celestial Highlights: May – July 2017

Posted: Monday, May 8th, 2017

May Through July 2017 with Web Resources for the Solar Eclipse of August 21, 2017

by Robert C. Victor. Twilight sky maps by Robert D. Miller. Graphs of planet rising and setting times by Jeffrey L. Hunt.

In spring and summer 2017, Jupiter is the most prominent “star” in the evening sky, and Venus, even brighter, rules the morning. By mid-June, Saturn rises at a convenient evening hour, allowing both giant planets to be viewed well in early evening until Jupiter sinks low in late September. The Moon is always a crescent in its monthly encounters with Venus, but is full whenever it appears near Jupiter or Saturn in the eastern evening sky opposite the Sun. (In 2017, Full Moon is near Jupiter in April, Saturn in June.) At intervals of 27-28 days thereafter, the Moon appears at a progressively earlier phase at each pairing with the outer planet until its final conjunction, with Moon a thin crescent, low in the west at dusk. You’ll see many beautiful events by just following the Moon’s wanderings at dusk and dawn in the three months leading up to the solar eclipse. Learn More…

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Written by Robert Victor

Robert Victor

Robert C. Victor was Staff Astronomer at Abrams Planetarium, Michigan State University. He is now retired and enjoys providing skywatching opportunities for school children in and around Palm Springs, CA. Robert is a member of CSTA.