July 2014 – Vol. 26 No. 11

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

CALL FOR PUBLIC COMMENT ON Next Generation Science Standards Systems Implementation Plan for California

Posted: Monday, July 28th, 2014

The California Department of Education (CDE) is pleased to announce that the first draft of Next Generation Science Standards Systems Implementation Plan for California is available online at the CDE’s Next Generation Science Standards (NGSS) Web page at: http://www.cde.ca.gov/pd/ca/sc/ngssintrod.asp  The purpose of this document is to assist the CDE, California local educational agencies (LEAs), and support providers in implementing the Next Generation Science Standards for California Public Schools, Kindergarten through Grade Twelve (CA NGSS). The plan identifies eight strategies and accompanying elements and activities for the implementation of the CA NGSS. By utilizing this plan, the CDE, LEAs, support providers, and all stakeholders will have the potential to transform science education in California to create a different way of thinking about teaching and learning science.

Comments and suggestions for improvement may be submitted to ngss@cde.ca.gov by close of business Monday, August 25, 2014.  If you have any questions, you may call the CDE’s Science, Technology, Engineering, and Mathematics Office at 916-323-5847, or submit questions to the NGSS mailbox at ngss@cde.ca.gov .

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.

Speak Out for Science – Local Control Accountability Plan (LCAP) Regulations Need Stronger Support for All State Standards

Posted: Monday, July 14th, 2014

CSTA and others are requesting that the State Board of Education change the language used to describe the “Implementation of State Standards (Priority 2)” so that all subjects, including science, are addressed in the LCAP.

On Thursday, July 10, CSTA addressed the California State Board of Education to seek a change to the State Board approved LCAP (Local Control Accountability Plan) template. This change will serve to clarify for districts and stakeholders that the state’s priority #2 should address all state adopted standards, including science, and not just Common Core. A quick review of the LCAPs submitted for approval by county offices of education reveals that many districts approached addressing priority #2 as only the implementation of English and Mathematics Common Core Standards. Missing or lacking from many plans is support for the recently adopted Next Generation Science Standards (NGSS) for California.    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.

Get Ready for December’s NSTA/CSTA Joint Conference!

Posted: Tuesday, July 8th, 2014


by Laura Henriques

This year’s NSTA Long Beach Area Conference is being hosted in collaboration with CSTA. There are all sorts of exciting events planned for the conference and we hope you’ll be with us to take advantage of all of them!

The official conference is December 4-6, 2014 but there are will be two full-day field trip options on Wednesday, December 3rd. There will be an array of field trips and short courses as part of the conference. The field trip choices include The Science in your Beer: Chemistry, Microbiology, and Sensory Analysis at Smog City Brewing, Up Close & Personal with Ocean Critters: Cabrillo Marine Aquarium, Slip-Sliding Away: a Palos Verdes Geology Tour, Looking to the Future: Visiting the Endeavour Space Shuttle and the Natural History Museum of Los Angeles County, Journey into Space at the City of Downey, Columbia Memorial Space Center, and Wet & Wild Adventures with the Southern CA Marine Institute. Learn More…

Written by Laura Henriques

Laura Henriques

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

NGSS Implementation Update

Posted: Tuesday, July 8th, 2014

by Jessica Sawko

The following provides updates on the status of various aspects of implementing the Next Generation Science Standards in California. Topics covered are statewide assessments for science, curriculum framework development, and NGSS professional learning opportunities.

Assessment

July 15 – 18, 2014 two two-day meetings of science education stakeholders will be held in Sacramento to start the process that was set forth in legislation (AB 484) last year to develop new statewide assessment for science that will comply with federal assessment requirements and align with the Next Generation Science Standards for California Public Schools. The participants of the stakeholder meeting are California science teachers, individuals with expertise in assessing English learners and pupils with disabilities, parents, and measurement experts. There will be several CSTA members serving as participants in the stakeholder meetings. Our thanks goes to those members who answered CSTA’s call for volunteers and are committing two days of their summer to participate in these important meetings.

Learn More…

Written by Jessica Sawko

Jessica Sawko

Jessica Sawko is CSTA’s Executive Director.

CSTA Says Good-Bye and Thanks to Board Members

Posted: Tuesday, July 8th, 2014

by Laura Henriques

I would like to use this month’s column to publicly thank our outgoing Board Members. Our spring elections bring new faces and talent to the CSTA Board, but that means we also say good-bye to some colleagues.

There are five Board members whose term just expired, four of whom will be leaving the Board. Their last official Board Meeting was June 14th but we look forward to their continued involvement in CSTA. We also appreciate all that they have done for CSTA.

Heather Wygant joined the Board in 2008. She was fresh from Texas, where she’d been active with STAT (Science Teachers Association of Texas). She served two terms as the CSTA High School representative and one term as Treasurer. She brought us ideas from the Lone Star State and enthusiasm for all things science (especially earth science). While she is officially leaving the Board, Heather will stay active with CSTA serving on the NGSS Committee and the Electronic Communications Committee. Jeanine Wulfenstein, middle school science teacher in Temecula Valley Unified School District, is taking over Heather’s position as Treasurer. Learn More…

Written by Laura Henriques

Laura Henriques

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