Wednesday, May 22, 2013

PEARSON AGREES TO $75 MILLION SETTLEMENT OF U.S. E-BOOKS CASE + smf’s 2¢

Kate Holton and Nate Raymond of Reuters/from Chicago Tribune | http://trib.in/Z0emRp

11:43 a.m. CDT, May 22, 2013  ::  LONDON/NEW YORK (Reuters) - British publisher Pearson's Penguin unit said on Wednesday it would pay $75 million in damages plus costs to U.S. states and consumers as part of an agreement over alleged price-fixing in the e-book market.

Pearson, which will take an extra provision on its accounts this year after setting aside $40 million in 2012, had already reached an agreement with the U.S. Justice Department in the e-book pricing case.

The latest deal resolves claims by the attorneys general of 33 states, as well as with consumers who had filed a class-action lawsuit against the British publisher. The settlement is subject to approval by U.S. District Judge Denise Cote in New York.

"This proposed settlement is a powerful demonstration of what is possible when federal, state and private class antitrust enforcement lawyers work together," said Steve Berman, a lawyer for the plaintiffs at Hagens Berman Sobol Shapiro.

The Justice Department last year accused Apple and five publishers of colluding on prices as part of an effort to fight online retailer Amazon.com Inc's dominance of the e-book market. Apple has not settled and is scheduled to face the U.S. Justice Department in a trial which is scheduled to start on June 3.

Penguin said it had also committed to the state attorneys to abide by the terms agreed in the settlement with the Department of Justice.

Pearson has previously said that it did not believe it had done anything wrong with its e-book pricing but had agreed to settle so that it could move ahead with the merger of Penguin with Random House, which it announced last October.

The case is In Re: Electronic Books Antitrust Litigation, U.S. District Court, Southern District of New York, No. 11-02293.

 

2cents smf smf: This is made complicated/confused/interesting by the unconfirmed rumor that Pearson is the sole software, content and program vendor (ie: e-textbooks) in the LAUSD Common Core Technology Initiative (aka: Tablets for All).

(There is (correctly) a Cone of Silence around the contract bidding+award process; the cone may be leaky.)

If the information is correct there are multiple hardware platforms (tablets/laptops/i-Pads, etc.- including Apple) but only one content/media provider.

Marshall McLuhan said that ”The medium is the message”. The platform is only the messenger.

MORE THAN YOU WANT TO KNOW ABOUT inBLOOM, SOONER THAN THEY WANTED YOU TO KNOW IT

Be afraid, be very afraid:

“inBloom, the non-profit started with a hundred million dollar investment from the Gates Foundation, is planning to create a digital record which, barring catastrophe, truly could be a permanent record of every K12 student, from their first interaction with the schools to the last. “

inBloom’s version of the story:

http://bit.ly/12VKyET

“inBloom is a nonprofit organization working to make it easier for teachers, parents and students to get a coherent picture of student progress, give them more options to be involved and informed, and make learning more engaging for students.”

Diane Ravitch writes in her blog | http://bit.ly/10lXVwq

May 22, 2013  ::  Anthony Cody has an excellent post that explains what you need to know about the massive data-collection program called inBloom. (follows)

The database will contain detailed personal information about students and teachers. The corporation cannot guarantee the security of this data.

Arne Duncan made inBloom possible by loosening the regulations of FERPA, the federal law that is supposed to protect student privacy.

Let’s just say that this whole project is an outrage. It is a massive invasion of privacy. As the grandparent of a public school student, I am furious! I don’t want Bill Gates, Rupert Murdoch, and Joel Klein to have my family’s personal information.

 

Will the Data Warehouse Become Every Student and Teacher's "Permanent Record"?

By Anthony Cody in Living in Dialogue - Education Week Teacher http://bit.ly/10LNb9l

May 20, 2013 1:56 PM  ::  When I was in junior high many years ago, I recall teachers warning students that if they did not shape up, their crimes would go into their "permanent record." At the time I really did not know what that meant. It conjured up images of some moment in the future when an earthly version of Saint Peter might unroll some lengthy scroll of misdeeds, for which we would be held to account. The reality turned out to be much more mundane, as I discovered a few years ago in a musty school district warehouse, where I saw box after box, and file cabinet after file cabinet of dusty "cume folders." These manila folders, some thin and some thick, are the actual "permanent records" our teachers warned us about. They hold report cards, suspensions, and other details of our school career. Once a student has graduated, these papers gather dust for a few years, and then are shredded. So much for permanence.

But that may change in the brave new world being built by the data hungry technocrats driving education reform.

inBloom, the non-profit started with a hundred million dollar investment from the Gates Foundation, is planning to create a digital record which, barring catastrophe, truly could be a permanent record of every K12 student, from their first interaction with the schools to the last. The amount of information they are planning to collect is staggering. Here are the several hundred categories, which include academic records, attendance records, test results of all sorts, disciplinary incidents, special ed accommodations, and more.

This level of data collection was made possible by the Department of Education's 2011 revision of the Family Educational Rights and Privacy Act (FERPA). According to this report,

...in 2011, regulations issued by the department changed FERPA to allow the release to third parties of student information for non-academic purposes. The rules also broaden the exceptions under which schools can release student records to non-governmental organizations without first obtaining written consent from parents. And they promote the public use of student IDs that enable access to private educational records, according to EPIC, a nonprofit public-interest center based in Washington D.C.

There are several concerns that this raises. The first is around the security of this data. Unlike the manila file folders gathering dust in a school district warehouse, these digital files will truly be a permanent record of every step of a child's life. Anyone with all this information could create a profile of every person that grows up within a school. Over time, this will be the vast majority of people in this country. Moreover, this sensitive information will be stored by inBloom on a data cloud, tempting to hackers. The vulnerability of the information is acknowledged by inBloom, which states on its security policy that "inBloom, Inc cannot guarantee the security of the information stored in inBloom or that the information will not be intercepted when it is being transmitted."

States and districts that choose to participate in this system may then turn this information over to for-profit companies, like Rupert Murdoch's Amplify, and Pearson. Amplify is actually building the operating system for inBloom, despite the fact that its parent company, NewsCorp, has been cited for violating privacy both here in and in the UK. Companies like Pearson are creating management systems and "data dashboards" to allow school districts to access and organize all this data, based on each student and teacher having a unique ID number.

Teacher records to be collected by inBloom include their names, addresses, the test scores of every student in their classes, allowing for various value-added estimates to be made. They also include their work history, including the "Separation Reason Type," -- a long list of reasons a teacher left employment - including some that might flag someone as undesirable. For example, if a teacher leaves their post due to "Discharge due to unsatisfactory work performance," this is noted in their record. A teacher such as Sarah Wysocki, who was fired a year ago in Washington, DC, because her VAM scores were low, might find herself tagged in this manner. Districts may consult these records before hiring teachers, so low VAM scores could become a career crippling event.

I have recently been writing about scenarios that are being made possible, and some have accused me of pessimism or even paranoia. But we have a recent history that suggests we ought to be vigilant about these matters. Teacher evaluation systems have been legislated that require teachers to be evaluated based on the scores of students they never taught. Teachers in subjects not covered by regular tests are finding their performance measured in strange ways.

Those in charge seem to have a rather cavalier attitude towards the way these chips fall. When Secretary Duncan was asked recently about major system failures in online testing systems, he said this:


We should have competition. We should be transparent -- I don't know who that company is, I don't want to pre-judge -- but if that company can't deliver, there's an opportunity for someone else to come in and do something very, very different... We should not have one problem and then say we should go all the way back to pencil and paper, that doesn't make sense to me.

This is a business. Folks are making money to buy these service. If those folks are doing a good job to provide that service, they should get more business. If they're doing a bad job providing that service, they should go out of business...

We'll get better and better. I do think, directionally, this is the right way to go. We have multiple players playing in these space... Let's see who's for real. But again, directionally, having computer-adaptive tests, having the ability to evaluate way more than just fill-in-the-bubble stuff -- the critical thinking skills -- directionally, it's the right way to go.
There will be bumps, there will be mistakes. The big thing is, 'What can we learn with them?' What was wrong with the contract? What was wrong-- how do we not replicate this someplace else? With all this stuff, we're moving the country in this direction, so for me, that's not just an Indiana challenge.

Duncan was speaking about the testing systems, but the same laissez faire approach is being taken with companies that have been invited to manage all this student and teacher data. Once this sort of data has been compromised, there is no way to get that horse back into the barn. We can trust the powers that be, and trust the wonders of the market to reward and punish the companies that are "playing in this space." Or we can act to stop our states and districts from sharing this sensitive information.

Concerns over student privacy have been one of the reasons that Republicans have given for opposing the Common Core, in resolutions such as the one passed last week in Utah. This aligns with the resolution recently passed by the Republican National Committee against the sharing of confidential student data without parental consent.


We have also heard from such progressive organizations such as Class Size Matters, the Center for a Commercial Free Childhood, the Massachusetts ACLU and the Learning Disabilities Association of New York, about the tremendous risks involved in storing all this highly sensitive information on a cloud and sharing it with for-profit vendors. Because of protests from the left and the right, as well as many parents without any political affiliation at all, Louisiana recently withdrew its data from inBloom, and Georgia's Superintendent says he will not participate in the system either.

Thus far teacher unions have largely been silent on this front. Many teachers already have student test scores included in their evaluations, often based on faulty and unstable VAM analyses. Will we find ourselves enmeshed in data systems that make it so this data becomes a part of our permanent records as well?

Sunday, May 19, 2013

JACKIE GOLDBERG ENDORSES MONICA RATLIFF: “We all need to help her win this very important race for the school board!”

 

a letter to AALA members from the AALA Update of Week of May 20, 2013 | http://bit.ly/12FLezB

by  Jackie Goldberg, former member of the LAUSD Board of Education, LA City Council  and past Education Chair of the State Assembly.

I endorsed teacher Monica Ratliff for LAUSD School Board, Seat #6 because my "Kitchen Cabinet" (teachers, administrators, friends and personal advisers) and I were absolutely impressed by her commitment to public education, her goal of putting the kids and the classroom first and her depth of understanding of the academic needs of students who struggle in school.

We all need to help her win this very important race for the school board by walking precincts for her this weekend and sending money to her campaign. Her opponent is financed by billionaires, some from as far away as New York. Monica knows that it is a dedicated group of teachers who can provide the nurturing, challenging and exciting schools that students deserve. She knows there are no magic bullets of technology, evaluation forms, standardized tests or similar panaceas that will change our schools. What is needed is increased funding and a social and political commitment to make sure the federal, state and local resources are spent helping all children reach academic success. Electing her will focus the District's efforts in a better direction.

I believe Monica Ratliff is a refreshing candidate whom we should all support and so does the L.A. Times. So please join me and make a donation online at www.monicaratliff2013.com this weekend for $99, $250 or $500 dollars or write a check and get all of your friends to do the same. Personally, we are writing a check for Monica Ratliff every other week until the election on May 21. Absentee ballots are being voted upon right now. We need to walk and call everyone we know in the San Fernando Valley communities of Sylmar, San Fernando, Sun Valley, Sunland, Tujunga, Pacoima, Panorama City, Van Nuys, Reseda and Arleta.

Her election could change the direction of the Board of Education from one which looks for people to blame, employees to fire, and schools to close, often over the vehement objections of staff, parents, and students. We need Monica Ratliff to bring her own personal experience to leading the Board towards putting the children first and not politics or the future job prospects of key decision-makers. Please join me and other progressive voices and help elect Monica Ratliff to the LAUSD Board of Education.

As my organizing mentor used to say, "Do something!"

NO MORE WILLFUL DEFIANCE

Themes in the News: A weekly commentary written by UCLA IDEA on the important issues in education as covered by the news media - Week of May 13-17, 2013 | http://bit.ly/12FGppQ

5-17-2013   ::  This week, Los Angeles Unified became the first district in California to ban “willful defiance” as grounds for suspension. The nebulous category, which could include students being out of uniform, talking back to teachers, not being prepared for lessons, etc., had become a catchall in school discipline and was disproportionately affecting students of color. During the 2011-12 school year, almost half of the state’s 710,000 suspensions were attributed to “willful defiance” (Los Angeles Times).

The district will instead focus on restorative justice measures and positive behavior incentives as a way of reducing the number of students suspended from class.  Restorative justice is an approach that focuses on repairing the harm caused and addressing root problems through shared decision-making among the victims and the offenders, as well as the involved community. Passage of the resolution “ends a policy that failed to keep our students learning or our streets safe,” said Board member Nury Martinez, who authored the resolution along with Board President Monica Garcia (Wall Street Journal).

Los Angeles’ decision was a milestone in a national push against zero tolerance discipline policies, and the California state legislature now is considering legislation to curb policies that attach inflexible, automatic punishments to particular infractions. Zero tolerance is based on the mistaken belief that students’ disruptive behaviors will be extinguished when students know that there is no way they can escape the punishment. A growing body of research shows that suspensions disproportionately impact students of color and special education students, undermine student learning, and push youth further along the school-to-prison pipeline.

A report by UCLA’s Civil Rights Project showed that in 2009-10, 24.3 percent of black high school students were suspended, compared to 7 percent of white students. Furthermore, the suspensions escalated when race, gender and special education status intersected; for example, 36 percent of black male students with disabilities. The disparate impact of out-of-school suspensions has prompted federal investigations in dozens of school districts nationally.

Suspending students does little to correct their disruptive behavior, and it sets them further behind academically. “Suspensions are off the table at Garfield High School. I can’t teach a kid if he’s not in school,” said principal Jose Huerta (NPR). Since implementing Garfield’s new policy, designed to address students’ misbehavior without suspending them, suspensions fell from 638 in 2008-09 to one in the past three years, and the school’s graduation rate is higher than the district’s.

Suspensions, dropping out, and prison or parole comprise a trajectory that many call the school-to-prison pipeline. There’s a direct link between suspensions and a greater likelihood of dropping out of high school. “And, because of that, you’re three times more likely to become involved in the criminal justice system,” said Maisie Chin, executive director of CADRE, a South Los Angeles parent-organizing group that campaigned on behalf of the LAUSD resolution (NPR).

“Willful defiance” has been especially troubling for parents, students and community organizations because it is such a subjective category. Without knowing the specific problems, it’s difficult to find remedies that will help the student, teacher and the whole class. “It’s so broad, it’s not useful,” said Marqueece Harris-Dawson, Community Coalition president (Huffington Post).

In the legislature, Assembly Bill 420 would ban “willful defiance” as a category of suspension for elementary students. In higher grades, suspensions would only be permissible upon a third offense, and only when alternative methods had already been exhausted (EdSource Today).

But AB 420 is a long way from becoming law. Gov. Brown vetoed a similar bill last year. And while AB 420 is an important step forward, it is just a beginning. Alternatives to suspension require more attention from counselors and other support staff and programmatic changes by the schools. This will require new resources. Moreover, because suspensions or “willful defiance” has been shown to include racial bias, addressing that bias in and out of schools must be kept at the core of new policies.

LAWMAKERS REMAIN SKEPTICAL OVER LCFF; BROWN IGNORES LAO, STANDS PAT ON HIS PROP 39 FUNDING PLAN

Lawmakers remain skeptical over Brown's Local Control Funding Formula

By Kimberly Beltran, SI&A Cabinet Report | http://bit.ly/10OZWkF

Brown ignores LAO warning, stands pat with distributing $1b in Prop. 39 funds

By Kimberly Beltran, SI&A Cabinet Report |http://bit.ly/17S7cDX

Thursday, May 16, 2013  ::  One day after Gov. Jerry Brown attempted to rally educators statewide behind his plan to restructure school finances, members of a key legislative panel Wednesday remained skeptical about some elements including adequacy of the per-pupil base grants for core programs and how districts will be held accountable for student outcomes.

While Brown’s overall school budget now includes an additional $1 billion to help schools transition to new common core standards and assessments, concerns remain that his Local Control Funding Formula will result in some education programs no longer specifically funded by the state falling by the wayside.

“I think we have a moral imperative, if you take a look at the demographics in California – we can’t leave half our students behind,” said Assembly Education Committee chair Joan Buchanan, D-Alamo. “My only concern is that if we do have accountability where the funds we’ve strengthened have to be spent on at-risk students, that leaves other districts with zero dollars to spend on textbooks, on teacher training and on other programs that are also critically important for all students, so I do think there needs to be some discussion on how districts are going to fund that because I think the assumption that they can just make cuts from where they are is not a valid assumption.”

Brown’s restructuring plan is designed to provide local officials maximum spending authority over most of the state money districts receive. The formula also provides additional cash to schools that serve a higher percentage of educationally disadvantaged students – defined as either low-income, English learners or foster youth.

The plan had come up against serious opposition from both higher income communities who fear they lose funding in the long run as well as civil rights groups, concerned that the additional support for disadvantaged learners may not be spent as intended.

Bolstered by a surge in unanticipated revenue, Brown thought he had addressed those concerns in his May revise by adding the additional $1 billion for common core as well as $240 million to the first year of his LCFF, to a total of $1.9 billion. Brown would also increase repayments of previous school payment deferrals in the 2012-13 budget year by $1.6 billion.

In addition, the governor’s revised budget included more detail for how required local control accountability plans would be structured to ensure that the additional monies intended to meet the educational needs of disadvantaged students are used for that purpose.

Based on Wednesday’s hearing, Brown’s attempts at quelling critics of the plan fell short, setting up a potential battle between the governor and members of his own party.

While education committee members agree that educating disadvantaged students requires more resources, some – like Buchanan – don’t want to see funding for core education programs and school operations fall short.

“I think it’s important that we acknowledge with some of these goals, we’re eliminating the funding, so it’s hard to have choices over funding that’s not there,” Buchanan said, referencing the fact that the new finance structure zeroes out funding for virtually all categorical – or separately funded – special programs such as professional development, class-size reduction, regional occupational center programs and gifted and talented student education.

Senate democrats earlier this session put forward their own version of the governor’s local control funding formula which eliminates one of two pots of money directed at disadvantaged students and puts it into the overall base grant fund for all districts. The Brown administration argues that spreading this concentration grant out over all districts waters down any effect it could potentially have if it were given to just those communities with high concentrations of at-risk pupils.

Following the release last month of SB 69 – the Senate version of the LCFF – Brown called an impromptu press conference to vehemently state that he would fight efforts to delay or obstruct passage of his plan.

Multiple legislators have authored legislation aimed at protecting some of the more noteworthy categorical programs, such as career tech ed and ROCPs. Those bills are working their way through the process, even as the governor’s plan is being debated.

Administration officials said the additional $1 billion in common core money is intended to be largely discretionary – meaning all school districts will have flexibility to use the money in support of overall instruction as well as implementing common core. But Buchanan pointed out Wednesday that based on a previous curriculum implementation, this transition is likely to cost schools much more than $1 billion.

While the governor’s formula did not increase the base grant for all districts, Brown has proposed adding more money the first year in an effort to bring schools closer to the average target of $6,816 per pupil.

Monday, May 20, 2013  ::  Three months ago the typically reserved nonpartisan Legislative Analyst used especially robust language in calling into question a plan from Gov. Jerry Brown to use new corporate tax revenue to improve energy efficiency at K-12 schools and community colleges.

Last week, the governor released his revised May budget and the only change Brown made to his vision for how the state should distribute Proposition 39 proceeds was to propose giving small districts a minimum grant award rather than allocating money based on each district’s average daily attendance.

As a result, Brown faces something of a confrontation with the influential LAO as well as a gaggle of legislative leaders who have bills pending that would enact different regulations for how the $1 billion-a-year new revenues should be used.

“The governor sees a statewide need that Prop. 39 can provide to K-12 schools – as well as to the jobs market because people are going to have to install these things,” said H.D. Palmer, spokesman for the Department of Finance. “And, in the long term, it’s going to benefit schools even more because the energy savings will allow them to put that money back into the classrooms.”

Prop. 39, passed by voters last November, is expected to generate nearly $1 billion a year by closing a tax loophole that allowed multistate businesses a choice in determining their California taxable income.

The measure requires that for a five-year period (2013-14 through 2017-18) half of the revenue raised – up to $550 million – be transferred to a new Clean Energy Job Creation Fund to support public building projects intended to improve energy efficiency and expand the use of alternative energy sources.

The new money comes at a critical time for schools since state funding for K-12 construction projects – provided through voter-approved facilities bonds – is all but exhausted. Advocates in the Legislature and education community are pushing for a new facilities bond measure for the 2014 ballot but there are no guarantees that will happen or, if it does, that voters will approve it.

Under Brown’s Prop. 39 proposal, only K-12 schools and community colleges would receive the energy efficiency funds, expected to be $464 million in 2013-14. Community colleges would receive $51 million with K-12 local educational agencies collecting the remaining $413 million.

The LAO has also taken issue with Brown’s plan to include all Prop. 39 revenue into the state’s general fund to be calculated in the constitutionally-guaranteed school funding formula created under 1988’s Proposition 98.

The LAO, in a strongly-worded February analysis of the governor’s Prop. 39 proposal, argued that counting the revenues intended for energy upgrades as part of the Prop. 98 schools’ allocation is “a serious departure from our longstanding view of how revenues are to be treated for the purposes of Proposition 98, which we have developed over many years with guidance from Legislative Counsel.”

Palmer said the governor continues to disagree with the LAO, believing that the funds are indeed state revenues to be counted toward the school guarantee and that “you can’t pick and choose” which revenues should be counted and which shouldn’t.

Brown’s initial proposal in January was to award the money to all districts at a rate of about $67 per ADA but concerns that smaller districts wouldn’t generate enough funds to initiate and complete energy efficient projects led the administration to offer minimum grants.

It is a small concession given that only districts with an ADA of less than 764 will receive the minimum grants, and in light of the fact that the LAO is calling for the Legislature to distribute the money through a competitive grant process open to all public agencies – not just schools – as suggested in the proposition itself.

Additionally, the governor’s revised May budget allocates $4 million for the existing Energy Resources Programs Account and eight positions to enable the California Energy Commission to provide technical assistance to small local education agencies undertaking energy retrofits. That assistance would include helping identify cost‑effective, energy-saving opportunities for K‑12 school facilities, and providing guidance on establishing energy baselines and tracking performance.

The Prop. 39 windfall has also prompted several pieces of legislation from lawmakers with their own ideas about how the energy efficiency monies should be distributed and used. While at least seven different bills suggest various methods for allocating the new revenues, those likely to garner the most support include SB 39 by Senators Darrell Steinberg and Kevin de Leon, and AB 39 by Assembly woman Nancy Skinner.

SB 39 calls for the Office of Public School Construction to establish a competitive grant program for the distribution of Prop. 39 funds to only K-12 school districts and county offices of education through a priority ranking system. LEAs with above average energy consumption, those located in economically disadvantaged communities or in areas with above-average unemployment would be given priority.

The OPSC would be required to consult with the energy commission, Public Utilities Commission and the California Department of Education in developing guidelines for the program. The State Board of Education would be required to approve all LEA applications.

Skinner’s AB 39 would require the California Energy Commission to develop a program to distribute grants, loans or other financial assistance to K-12, community college, university or other public buildings. Under this legislation, 75 percent of the eligible funding would be awarded as grants to K-14 projects; 25 percent would be available in the form of low- or no-interest loans to all public agencies for eligible projects and technical assistance.

Under the governor’s plan, exceptionally small districts – those with ADA of 200 or less – would receive the minimum grant of $15,000. All other districts would receive a minimum grant of $50,000 or a per-ADA allocation of $65.46, whichever is larger. Therefore, districts with an ADA up to 764 would get $50,000 each while all others would receive $65.46 per ADA.

A rough count of district ADAs shows about 188 districts with an average daily attendance of 200 or less; 189 have an ADA between 201 and 765 while the remaining 663 districts are higher – many into the thousands. Oakland Unified, for example, with its 2010-11 ADA of 36,359 would receive approximately $2.4 million. The largest district in the state, Los Angeles Unified, would earn upwards of $36 million for energy efficiency upgrades.

Wednesday, May 15, 2013

LA TIMES & ED WEEK ON THE MAY REVISE; Capitol Dems, Sacramento Bee and Center for Oral Health weigh-in …+ John Deasy tweets on the wonderfulness thereof

  • Read the Governor’s May Revision proposal at www.ebudget.ca.gov.
  • Even with added revenue revised plan for all spending is $1.2 billion less than the one he put forward in January
  • If they can get out the votes, Legislative Democrats theoretically have both a Republican-proof and Governor's-veto-proof supermajority.

L.A. TIMES: Gov. Jerry Brown unveils cautious budget for deficit-free state

The governor says California's financial condition remains unstable despite a surge in revenue. Only schools will get a substantial boost beyond his January budget.

By Chris Megerian, Los Angeles Times | http://lat.ms/10YwG9JJerry Brown

Gov. Jerry Brown answers a question about his education funding plan at a news conference in Sacramento. (Rich Pedroncelli / Associated Press / May 14, 2013)

 

May 14, 2013, 8:38 p.m., SACRAMENTO  ::   California may finally be free of deficits, but Gov. Jerry Brown unveiled a cautious budget Tuesday, saying the state's financial condition remains treacherously unstable.

Brown put lawmakers on notice that he had no desire to ratchet up spending despite a multibillion-dollar windfall of tax receipts in recent months. Saying there is no evidence that the surge will last, he reduced his revenue estimates for the budget year that begins July 1.

Only schools would get a substantial boost beyond what the governor proposed in January, before state income spiked. Most other programs would get little to compensate for cuts absorbed year after year as Sacramento ran deficits.

"This is a prudent budget," Brown said at a Capitol news conference. "We're sailing into some rather uncertain times."

The announcement was far from a victory lap for a governor who plugged the deficit, won a high-stakes campaign to raise taxes and hails from a political party with a tight grip on the Capitol. Brown focused as much on what the state cannot do as on what he hopes to achieve.

He cautioned that the economic recovery has been more dribble than rebound. He said federal tax changes are cutting into workers' paychecks and, by extension, state revenue. He warned about fallout from financial turmoil in Europe.

His spending plan notes — but does not address — other looming financial problems, such as the spiraling cost of healthcare for retired state workers.

Even as he pledged to send more money to schools, Brown tightened his general-fund plan to $96.4 billion, $1.3 billion less than he outlined in January.

"The money is not there," he said. "Anybody who thinks there is spare change around has not read the budget."

That did little to mollify Democrats who want to replenish funds for social services and other programs.

One of Brown's most reliable allies in the Legislature, Senate leader Darrell Steinberg (D-Sacramento), said he found the governor's budget "disappointing" in its failure to "begin making up for some of the damage done to tens of thousands of Californians."

But Brown vowed to continue to resist pressure from fellow Democrats and interest groups to restore some money to adult dental care and to doctors who treat the poor. For upcoming contract negotiations with the state's big public-employee unions, the governor said the state "is aiming low."

"Everybody wants to see more spending," he said. "That's what this place is, it's a big spending machine."

"I'm the backstop at the end," he said. "And I'm going to keep this place in balance."

Education

The governor proposes spending about $1.6 billion more on schools than he outlined in January.

Brown wants to spend most of it — about $1 billion — on helping the state implement new standards for writing and math. The funds could be used for textbooks and testing materials or to train teachers, for example.

The governor said he hoped that money would help build political support for his proposal to direct extra resources to school districts that serve the highest concentrations of poor students and non-native English speakers.

That proposal is among his most controversial ideas. It sets the stage for fraught negotiations with lawmakers who want to spread education money more widely, to serve all districts with disadvantaged students.

"Any change in formula has to result in an increase in funding for all schools," said Assembly Speaker John A. Pérez (D-Los Angeles).

Brown did make a concession to lawmakers: He scrapped a plan to give community colleges responsibility for high-school equivalency programs and other adult-education offerings.

The new proposal would leave responsibility for such programs with K-12 districts, as legislators had requested.

Healthcare

Sacramento will oversee the expansion this year of Medi-Cal, California's healthcare program for the poor, to more than 1 million Californians who do not have health insurance now.

Under Brown's plan, the newly insured would be offered the same benefits as those already covered by the public program, a shift from January. Then, the governor did not include stays in rehabilitation facilities and other long-term care for those who will become eligible for Medi-Cal for the first time next year.

But Brown held the line against a bipartisan push in the Legislature to restore dental care for adults in the program, which had been cut to help balance the budget.

Overall, his administration anticipates $1.2 billion more for Medi-Cal this year than last year, to conform to the federal Affordable Care Act.

Brown estimates the extended coverage will mean counties spend less on care for the indigent — money that comes from Sacramento. He estimates that sum at $300 million. Counties say it is too soon to know what that number will be.

Social services

As the state assumes more financial responsibility for healthcare, Brown wants to shift other costs to the counties. He is asking them to spend the $300 million on social welfare programs, including food assistance and childcare, in the next budget year.

The sum would rise to $900 million the following year and $1.3 billion the year after that.

Brown acknowledged that it is not yet clear how much the healthcare overhaul will save counties, that some people will remain uninsured and that local governments will have to care for those residents.

The California State Assn. of Counties called the governor's plan "too aggressive."

It would "force counties to cut into the safety-net services they provide today, including trauma care, emergency services, burn care and public health programs," said Matt Cate, the group's executive director.

Asked about restoring social service cuts made to help balance the budget in years past, Brown was unequivocal: "No," he said. "The money is not there."

Prisons

Brown's proposal would offer some help to counties that are struggling to handle the inmates the state now requires them to keep in their jails along with parolees who are now supervised locally. He would restore $72 million to county probation departments.

Brown acknowledged the costs for counties was higher than the state had allowed.

But mostly, the spending blueprint for corrections reflects his opposition to federal court orders to further reduce prison crowding. The governor included no money to pay for the plan he recently submitted to judges, under threat of contempt charges, to remove thousands more inmates from state lockups.

Brown, who filed his prison plan under protest and does not support it, is appealing to the U.S. Supreme Court for relief from the population cap. If the state loses, he said, "I'm sure we could find funds" for the plan.

That drew a quick rebuke from Don Specter, an attorney for inmates.

Brown's "budget makes it clear that he is flouting the court orders once again, and we will ask the court to hold him in contempt for his conduct," Specter said.

Environment

The governor wants to shift $500 million from the state's Greenhouse Gas Reduction Fund and loan it to the general fund.

The money would come from a system to limit carbon emissions by factories and other big polluters. It allows companies to pay for credits to produce more than their share of carbon emissions.

Borrowing those proceeds would be "extraordinarily disappointing," said Kathryn Phillips, director of Sierra Club California. "The governor will be delaying opportunities to use those funds to actually get critical reductions in global warming pollution," she said.

If the state puts off the reforestation and energy-efficiency projects that money would otherwise pay for, she said, that would delay the positive effects of those projects.

Brown's Department of Finance said in a letter to lawmakers that the loan was appropriate because state agencies need more time to design the best possible programs to help the environment.

Times staff writers Evan Halper, Patrick McGreevy, Paige St. John and Anthony York contributed to this report.

 

ED WEEK: Jerry Brown Prepares to Do Battle for His California Education Budget

By Andrew Ujifusa, EdWeek | State EdWatch - Education Week http://bit.ly/105Be2N

May 15, 2013 1:47 PM ::  For some time, California's budget woes brought to mind a jalopy barely coughing along on a quarter-tank of highly dubious grain alcohol. But thanks to the passage of Proposition 30 last year that lead to broad tax increases earmarked largely for K-12, the prospects have improved, at least from a revenue perspective. And Gov. Jerry Brown, a Democrat, pledged not long after the measure's passage that he would actually simplify things, while also providing a bigger share of funding to districts with the highest proportion of English-language learners and low-income students. In addition, revenues from personal income taxes this year are also ahead of projections, further helping the budget outlook.

The newest budget plan from Brown includes $1 billion in additional spending on K-12 from fiscal year 2013 to fiscal year 2014, thanks to the infusion of Proposition 30 money that helps the fiscal 2013 budget in mid-stream to the tune of $2.9 billion, although the minimum guarantee for state K-12 aid is projected to drop from that level for fiscal 2014.

The Associated Press has examined how Brown's plan for K-12 breaks down.

  • Total education spending would increase by $1,046 per student, and the base per-student funding level is $7,895 in the governor's 2013-14 budget plan.
  • But the real controversy comes with Brown's weighted-funding formula. As part of his initiative to streamline the state's education-funding system,
  • Brown wants to ensure that districts with a higher share of ELLs, low-income students, and students in foster care get a greater share of money.
  • That would mean $1.9 billion in education spending specifically directed at those students under the new formula, or about 4 cents more out of every education dollar.
  • Those numbers, by the way, were released on May 14, and are a revised version of the initial budget plan Brown released in January. Lawmakers have to pass a spending plan by June 15.

In Brown's new budget plan, there's a breakdown of how exactly the money would flow to districts through the new Local Control Funding Formula. (You'll find the breakdown on page 16 at the link.) In addition to the base grant per student, each district would receive a supplemental grant, based on the percentage of ELL, low-income, and foster children. But districts with a share of those students that tops 50 percent would get an extra boost in education spending through a second formula.

In the example used, a hypothetical California district with 41.9 percent of ELL, low-income, and foster students would have a final per-pupil spending amount of $9,053, while a district consisting entirely of students who fall into those categories would have $12,040 available per student. In an initial review of the January version of this formula, the California Legislative Analyst's Office pointed out that nothing in Brown's plan mandates that the supplemental cash actually go to supplemental services for the targeted students. Brown has reportedly tightened accountability for the supplemental money to try to ensure that it gets spent on the students in question.

Brown's plan also includes $1 billion in funding to implement the Common Core State Standards that districts can spend over the next two years. As John Fensterwald at EdSource notes, the chairmen of the Assembly and Senate education committees lobbied Brown to earmark funds for phasing in the new standards.

It's also worth pointing out that while Brown's budget plan includes an increase in K-12 spending, he said he was taking a cautious approach to spending in other respects, and his revised plan for all spending is $1.2 billion less than the one he put forward in January.

But as AP notes, legislators aren't entirely satisfied with what Brown has put out. As you might imagine, the feeling from some relatively wealthy (or at least middle-class) districts is that the formula won't be particularly fair to them. "The local control funding formula is an interesting problem because it's not really a partisan issue. It's more of a geographic issue," Assemblyman Jeff Gorell, a Republican who serves as vice chair of the Assembly Budget Committee, told the AP. And whether by coincidence or not, the government affairs director for the Chamber of Commerce in Gorell's district in Camarillo, Sean Paroski, also tweeted this on May 14: "W/new formula, $1 of $5 will go to English-learner or low-income students. What do suburban schools think of Prop 30 support now?"

Prominent Democrats, like Senate President Pro Tem Darrell Steinberg, also say they have reservations about how Brown's plan would work, even if they like the general idea, as Fensterwald points out. So Brown has multiple fights on his hands as he presses forward with his plan, and indeed he appears to be approaching them pugilistically, saying that foes of his budget will be in for "the battle of their lives."

 

CAPITOL DEMS: Senate leader criticizes Brown's school plan

By Chris Megerian, L.A. Times | http://lat.ms/10rt9VE

May 15, 2013, 2:49 p.m.  ::  SACRAMENTO -- Senate leader Darrell Steinberg says that, for all practical reasons, he should support Gov. Jerry Brown's plan to redistribute school funding. His hometown, Sacramento, would benefit.

"I should be for it," he told reporters on Wednesday. "End of story."

But Steinberg, one of the top Democrats in the Legislature, is helping to lead a counteroffensive against the governor's education funding proposal.

Brown wants to provide more money to school districts with high numbers of students who are poor or English learners.

"I think it's fair. I think it's just," the governor said on Tuesday when he unveiled his revised budget proposal. "I think it has great moral force."

Steinberg said he doesn't dispute the basic idea behind Brown's plan, but he disagreed with the method. Instead of calculating students on a per-district basis, he said it should be done by school.

That way, he said, individual schools could still see more money even if the overall district doesn't have a high concentration of poor students or non-native English speakers.

“If a kid is in a school of concentrated poverty, why shouldn’t that kid get the civil rights benefit that a kid in a concentrated poverty district gets?” Steinberg said.

The senator said he expects Democratic lawmakers will be able to reach an agreement with the governor.

"I'm not drawing lines in the sand," he said.

 

Sacramento Bee : Gov. Jerry Brown takes cautious approach on California budget


Sacbee.com/handheld edition: Capitol and California http://bit.ly/10rv0tr

Last Updated 8:02 am PDT 05/15/13  ::  Gov. Jerry Brown, dismissive of a surge in state tax revenue that stirred optimism at the Capitol, moved Tuesday to blunt appeals for increased spending, downgrading his budget proposal from January.

The budget revision - an annual exercise opening a month of negotiation with the Legislature - threatened to strain Brown's relationship with Democratic lawmakers and with social service advocates who called Brown's estimates overly conservative and who are lobbying to restore programs cut during the recession.

"He's definitely trying to strike a tone," said Jeffrey Michael, director of the Business Forecasting Center at University of the Pacific.

He said Brown's estimates, though "very conservative," are in line with the Business Forecasting Center's projections.

Despite income tax revenue running about $4.5 billion ahead of expectations through April, Brown said much of that money is unlikely to carry over into future years. He is projecting revenue next fiscal year down $1.8 billion from his January estimate.

The Democratic governor said economic growth will be slower than he previously thought because of federal spending cuts and a higher payroll tax on workers.

"Four percent growth has now become 2 percent growth," Brown said.

He also said much of the income tax revenue increase the state enjoyed this spring will not be lasting, attributing the rush instead to wealthy taxpayers shifting income from 2013 into 2012 to avoid higher federal tax rates. Administration officials said they also expect tax revenue in the final two months of the budget year, May and June, to fall below original estimates.

Brown said California has "climbed out of a hole" with the passage of his November ballot initiative to raise taxes but that "this is not the time to break out the champagne."

Republican lawmakers immediately praised Brown. Assembly Budget Committee Vice Chairman Jeff Gorell, R-Camarillo, said it was "appropriate for the governor to have conservative revenue projections," while Assembly Republican leader Connie Conway, R-Tulare, called Brown "the adult in the room" and predicted the most meaningful fault line in the coming budget debate would run through the Democratic caucus.

Senate President Pro Tem Darrell Steinberg, D-Sacramento, said in a prepared statement that Brown's revenue projections would be subject to a "deeper analysis," suggesting a potential dispute about how much money is available to spend.

"I agree we must aggressively pay down our state's debt and set aside money for a reserve, but there's a disappointing aspect to this proposal," Steinberg said. "It's important that we also begin making up for some of the damage done to tens of thousands of Californians. Unless the Legislative Analyst has a different conclusion, the governor proposes few if any resources to restore cuts made over the past few years to the courts, and to health and human services."

The speaker of the Assembly, John A. Pérez, said Brown's revenue projections would be reviewed "in depth," but he told reporters, "I don't believe there are any major areas of disagreement between the Assembly and the governor that cannot be resolved in short order."

Democratic lawmakers will face pressure from social service advocates who said Brown's budget fails to reflect the promise of a recovering economy - or to account for years of spending cuts during the recession.

"The governor's revised budget proposal fails to address our poverty crisis by continuing the steep cuts to safety net programs made during the Great Recession," Vanessa Aramayo, director of the California Partnership, an advocacy group, said in a prepared statement.

Brown expanded in his revised budget on his January appeal to overhaul the state's education finance system, seeking to give school districts greater flexibility over how they spend state money while directing more money to school districts with relatively high proportions of students who are poor or learning English.

Brown proposed Tuesday to increase first-year spending on his education overhaul by $240 million over his January proposal, to $1.9 billion.

Many Democratic lawmakers have expressed conceptual support for the plan but remain in disagreement with the governor on his proposal to award districts additional money if more than half of their students are low-income or meet other criteria.

At a news conference Tuesday, Brown rejected the concern of wealthier, suburban school districts that they will receive less money under Brown's plan than they might otherwise.

"Ask somebody in Beverly Hills or Palo Alto or Piedmont, 'Would you like to move to Compton? Would you like to move to Watts?' " Brown said. "And if they say, 'Yeah, let's do it because I want to get the extra money,' then I'll believe it."

Brown also proposed Tuesday to earmark $1 billion in state education funding to implement English, math and other subject guidelines known as Common Core standards.

Brown called one-time funding for teacher training, instruction materials and technology to implement the standards a "great intellectual move."

Meanwhile, he largely dismissed calls to increase spending beyond education.

"Everybody wants to see more spending," Brown said. "That's what this place is: It's a big spending machine. You need something? Come here and see if you can get it. Well, but I'm the backstop at the end, and I'm going to keep this budget balanced as long as I'm around here if I can."

In the budget revision, Brown maintains his proposal to increase funding for the University of California and California State University systems by as much as 20 percent over four years, and he proposes a statewide approach - not a county-by-county effort - to implement California's expansion of Medi-Cal under the federal health care overhaul.

In other program areas, Brown's budget revision would:

• Abandon the governor's January proposal to cap the number of state-subsidized classes that public university students can take. Brown had proposed the idea as a way to make the University of California and California State University systems more efficient, but he said Tuesday that the proposal required "more time."

• Allocate $15.4 million to expand the use of prison fire camps to help ease prison crowding. The administration is also proposing to let counties ship some long-term offenders to state prisons in return for taking an equal number of short-term offenders from prison. The measure is designed to address complaints by local officials about California's prison realignment, the 2011 law in which the state shifted responsibility for certain low-level offenders from the prison and parole system to counties.

• Loan the state general fund $500 million from California's cap-and-trade program, money designated to reduce greenhouse gas emissions. Environmental advocates opposed the loan, while the administration said it is appropriate because state agencies need more time to develop greenhouse gas-reduction programs.

BUDGET PROPOSALS

Highlights of Gov. Jerry Brown's revised budget proposal for the fiscal year that begins July 1:

Taxes: Includes an extra $15 billion in revenue through June 2014 due to voter approval of Proposition 30, which increased income taxes on high earners and raised sales taxes.

• K-12 schools: Spending on schools would grow by about $1 billion over two years to $55.3 billion for the new fiscal year. It also provides $1 billion for schools to implement Common Core standards and about $1.9 billion that would be allocated under Brown's proposed "local control" formula.

School energy: Provides half of Proposition 39 funding – $450 million this year – to school energy efficiency projects outlined in the ballot measure that closed a tax loophole for out-of-state companies.

• Courts: Proposes a $200 million cut that would delay additional courthouse construction projects for up to a year.

• State workers: Assumes size of state workforce will remain flat, but includes money for previously approved salary increases. No new salary increases or furlough days are anticipated.

• Child care: Proposes no new state funds for various subsidized child care programs beyond adjustments for caseload.  smf: Brown refuses to differentiate between child care and early childhood ed/pre-school programs.

• Higher education: Proposes an average 10 percent general fund increase to CSU, UC and community colleges. No fee increases are envisioned through 2016-17.

• Medi-Cal: Proposes to permanently impose a tax on managed care plans using the state sales tax rate starting in 2013-14, saving the state $343 million. Estimates that federal changes to Medicaid will cost the state about $208 million extra in 2013-14.

• Welfare: Continues major changes from last year that created a two-year time limit for adults to get cash grants and work assistance, but provides an extra $142 million to expand county-run employment services and case management. Provides an additional $48 million to identify potential employment barriers for individuals and subsidize employers who hire welfare recipients.

• In-home care: Proposes to spend $200 million more based on new projections that more people will be certified for care than once thought. Budget incorporates lawsuit settlement that reduced from 20 percent to 8 percent a cut in providers' hours and wages.

Fiscal prudence-and short sight, may result in worsening of oral health for California's most vulnerable

by email from the center for Oral Health | http://bit.ly/10YFoEV

COH Logo

Yesterday, Governor Jerry Brown announced his May Revision of the California State Budget, declaring for the first time in decades a multi-year balanced budget. In his brief remarks unveiling the proposal, the Governor highlighted the work to implement the Patient Protection and Affordable Care Act (ACA). But he continues to deny dental care for millions of Californians.

Governor BrownIn 2009, budget deficits prompted California lawmakers to eliminate adult Denti-Cal benefits to reduce public spending by nearly $109 million. However for next fiscal year California  is expecting a $3 billion surplus. Despite the surplus, Governor Brown's revision of the State Budget continues cuts to Medi-Cal funds for dental care and worsens Medi-Cal provider rates, which would make it harder for nearly 3 million low-income Californians that rely on Medi-Cal to get the care they need.

To the eyes of many, over the past three years, California has taken a leading role in implementing ACA. Under the ACA, millions of Californians will gain access to affordable coverage beginning in January 2014 through a new health insurance marketplace called Covered California. In addition, more than 1 million low-income Californians will be newly eligible for Medi-Cal under a program expansion that state policymakers have said they will adopt. The federal government will pay 100 percent of the cost of this expansion from 2014 to 2016, gradually reducing the federal share to a still-high 90 percent of the cost by 2020.

  • But Governor Brown's inaction regarding dental benefits will prevent the State from bringing in the one-to-one federal matching dollars authorized by ACA.
  • Furthermore, his lack of understanding of oral health may result in increased utilization of costly emergency room services for dental care denied to Californians.
  • By continuing the neglect to the oral health federal funding will not come into our state, not helping families get the care they need, not improving our health system, and dampening California's economic recovery.

The Budget includes provider rate reductions enacted through Chapter 3, Statutes of 2011 (AB 97). These reductions will result in General Fund cuts of $488.4 million in 2013-14. It also includes decreases for MRMIB (a cut of $143.9 million General Fund from the Budget Act of 2012). This significant decrease is primarily due to the transition of Healthy Families Program beneficiaries to Medi-Cal.

The expectation is that the California Legislature will pass an adjusted budget on time, by June 15. Thus, the next four weeks are crucial for the implementation of the Affordable Care Act, the future of the Medi-Cal program, the state's commitment to the remaining uninsured, and more.

The Center for Oral Health will continue to provide updates on this topic in the upcoming weeks.

 

Dr D Button   John Deasy@DrDeasyLAUSD

Strong support for Governor Brown's LCFF. Equity delayed is equity denied our youth are counting on us

9:10 AM - 15 May 13 · Details

Los Angeles City Elections 2013: A CITY AGENDA FOR L.A. SCHOOLS?

If public officials in the more than two dozen cities served by L.A. Unified want to do something to help kids succeed, there are plenty of things within their purview.

OpEd in the LA Times By Bennett Kayser | http://lat.ms/142Ykas

Mayoral candidates

Mayoral candidates Wendy Gruel, left, and Eric Garcetti , right, following their candidates forum at Macedonia Baptist Church. (Los Angeles Times / May 13, 2013)

May 15, 2013  ::  For those who need reminding, I'll state it clearly: Neither the Los Angeles mayor nor the City Council has one lick of voting authority at the Los Angeles Unified School District. They can't set policy at the district, nor can they hire or fire its leaders. And when Mayor Antonio Villaraigosa tried to challenge that organizational structure, launching an unconstitutional attempt to take over the entire school district, the courts quickly slapped him down.

But those facts haven't seemed to stop candidates for city office from grandstanding about district schools, turning them into a political pinata as they attempt to score points with voters.

Bashing the district seems to be the default response when a candidate is asked a tough question about the city. Instead, we need elected leaders who are willing to pitch in and help.

L.A.'s school district faces huge challenges. More than three-quarters of its students live in poverty; about 29% haven't mastered English and an additional 13% are in special education classes. But despite that, even as class sizes have continued to rise and the budget has been slashed, students continue to make academic gains.

Part of that is due to sacrifices by district staff. District employees again took pay cuts this year so that children would continue to have after-school programs, art in elementary schools, early education opportunities, Academic Decathlon teams and an All-City marching band.

And yes, California just dropped to 49th in the nation in student funding.

Against this backdrop, there is an important role for elected officials to play, and it is one that goes far beyond politically motivated carping. A recent study noted that the average student spends just 18% of his or her life in school. The great bulk of a student's time is spent at home or out in the community. I'd love to hear the mayoral candidates commit to partnering with the district to create a better city for children.

If public officials in the more than two dozen cities served by L.A. Unified want to do something to help kids succeed, there are plenty of things within their purview: making communities safer, for example, or more economically vibrant and family friendly. Rather than looking east to cities where mayors have made power grabs to take over schools, they should look north to San Francisco, which stands as a model of how a city-school district partnership can work.

In Los Angeles a few years ago, the Department of Water and Power agreed to refund more than $100 million it had overcharged L.A. Unified and other public institutions. In San Francisco, public schools get deeply discounted electricity from the local utility under an agreement forged decades ago. While L.A.'s Metropolitan Transportation Authority recently shaved a small amount off the monthly bill of students traveling to schools on public transit, San Francisco recently instituted a program that allows low- and moderate-income students to ride for free. Many San Francisco museums are also free to students. And school policing costs come, for the most part, out of the San Francisco police budget, not the school district's. Furthermore, the city provides substantial funding to a variety of school programs, pursuant to an initiative approved by San Francisco voters, including for preschools, arts and student-support services.

If the mayoral candidates want more ideas for how they can lead on education, they might consider what Gavin Newsom did during his first run for mayor of San Francisco. He took the politically risky move of supporting additional city funding for schools. The measure he supported passed, and it has spared San Francisco schools from some of the worst ravages of state budget cuts.

L.A. Unified students need safe routes to schools, access to healthy food, open playgrounds and libraries, support for after-school programs, free public transportation to school, real access to museums, Internet in the home, summer jobs, violence-free communities, regular healthcare, clean air and water, safe homes, employed parents and a vibrant parks and recreation program that supports healthy living. Doesn't that sound like a perfect education agenda for the mayor and the City Council?

Bennett Kayser, a member of the L.A. Unified Board of Education, is a former teacher and administrator.

2cents smf: Boardmember Kayser is absolutely right.

But reality trumps legality– and Mayor Villarigosa was instrumental in the selection of the past two superintendents of LAUSD and has been influential (if not decisive) in every major decision made by the board of education during his mayoralty …probably more so than with the city council.

L.A. UNIFIED BANS SUSPENSION FOR ‘WILLFUL DEFIANCE’

Zero tolerance policies adopted after Columbine lower achievement and disproportionately affect African Americans, supporters say.

By Teresa Watanabe, Los Angeles Times | http://lat.ms/18L4sHf

  • LAUSD
Los Angeles mayoral candidate Wendy Greuel, right, gets a high-five from Community Coalition member Jorge Hernandez after voicing her support of the proposal to make L.A. Unified the first school district in California to ban suspensions for willful defiance. (Genaro Molina / Los Angeles Times / May 14, 2013)

Related photos »

Rally at the Los Angeles Unified School District meeting Photos: Rally at the Los Angeles Unified School District meeting

 

May 14, 2013, 10:51 p.m.  ::  In ground-breaking action, the Los Angeles Unified school board voted Tuesday to ban suspensions of defiant students, directing officials to use alternative disciplinary practices instead.

The packed board room erupted in cheers after the 5-2 vote to approve the proposal, which made L.A. Unified the first school district in the state to ban defiance as grounds for suspension. The action comes amid mounting national concern that removing students from school is imperiling their academic achievement and disproportionately harming minority students, particularly African Americans.

"Now we'll have a better chance to stay in school and become something," said Luis Quintero, 14, a student at Augustus Hawkins High School in South Los Angeles. He attended the board meeting, along with dozens of other students and community activists who have been pushing the proposal by board members Monica Garcia and Nury Martinez.

But the vote came after an impassioned discussion over whether the proposal would give a "free pass" to students and shield them from the consequences of misbehavior. Board members Marguerite LaMotte told students that they needed to pay for their mistakes, while Richard Vladovic said no student had the right to disrupt learning opportunities for classmates.

"I'm not going to give you permission to go crazy and think there are no consequences," LaMotte said.

Board member Tamar Galatzan voted no without comment, while Vladovic supported it as an experiment, saying he would be "the first to stop it" if it proved disruptive to learning. Garcia, Martinez, Steve Zimmer and Bennett Kayser supported the proposal.

The action marks a decisive step back from "zero tolerance" policies that swept the nation after the Columbine school shooting in Colorado more than a decade ago. But as harsh school discipline policies took hold, studies in Texas and elsewhere found that suspensions did not lead to better behavior but were linked to poor academic achievement and run-ins with law enforcement.

Additionally, African Americans are disproportionately affected — accounting for 26% of those suspended in L.A. Unified in 2010-11 although they made up 9% of the student population.

The proposal would ban suspensions of students for "willful defiance," an offense criticized as a subjective catch-all for such behavior as refusing to take off a hat, turn off a cellphone or failing to wear a school uniform. The offense accounted for 48% of 710,000 suspensions issued in California in 2011-12, prompting state and local efforts to restrict its use in disciplinary actions.

Disruptive students could still be removed from the classroom but they would no longer be sent home. Instead, school officials would be required to keep students on campus and hold them accountable through alternatives shown to be more effective.

Those practices include positive behavior incentives, which have reduced office discipline referrals by up to 50% in 13,000 schools using them nationwide, according to Fix School Discipline, an initiative of the Public Counsel Law Center of Los Angeles. Another practice that focuses on conflict resolution through repairing the harm done, known as restorative justice, helped one Contra Costa high school reduce suspensions by half last year over the previous year.

Critics, however, object to restrictions on their disciplinary authority. District administrators and teachers have raised questions about whether they will be given the training and time to use the alternative practices.

The proposal was backed by Supt. John Deasy and several nonprofits and community organizations. It marked the latest effort by L.A. Unified to reform school discipline, following a 2007 board directive to establish the positive behavior incentive program in all schools and a heightened effort by Deasy to monitor suspension data. The district has reduced the number of instructional days lost to suspensions — to 26,286 in 2011-12 from 74,765 in 2006-07. But African Americans still are excessively affected.

Deasy told the board that students still will be suspended for violence, drugs, fights and other behavior that threatens others. But he said keeping students out of school for failing to bring material to class and other lesser acts considered defiant could push them out of school and into possible trouble.

"We want to be part of graduating, not incarcerating," students, he said.

PARENT TRIGGER GROUP GETS ‘THUMBS-UP’ FROM LAUSD

  • "Someone on our staff is talking to Parent Revolution, and we need to know who it is," Boardmember Lamotte said. 

  • 4LAKid’s nominee for ‘someone’; is Superintendent Deasy.

By Beau Yarbrough, LA Newspaper Group from the San Bernardino County Sun | http://bit.ly/YJjYPN

5/14/2013 06:36:57 PM PDT  ::  LOS ANGELES -- A group of Watts parents have successfully ousted an elementary school principal.

On Tuesday, the Weigand Parents Union, representing some of the parents of students attending Weigand Elementary School, became the third group in California to successfully use the state's parent trigger law.

The law enables parents to force schools to make dramatic changes if they can gather signatures equal to 50 percent plus one of the families enrolled. On Monday, Los Angeles Unified certified the group had gathered signatures from 61 percent of eligible families.

Unlike previous parent trigger attempts in Adelanto and the West Adams district of Los Angeles, no charter school will be brought in to partially manage or outright take over the school. Instead, the parents union opted to push out a principal whom they said was unresponsive to parental complaints and demands.

The LAUSD board approved their petition 5-2, on Tuesday evening, with members Bennett Kayser and Marguerite Poindexter Lamotte dissenting.

"This process -- it really stinks," Kayser said. He called on the LAUSD to get the parent trigger law changed. Kayser complained that there are few guidelines for how petitions are circulated and that parents must sign the petitions if they want to participate in the process of transforming their child's school.

Lamotte voiced frustration that members of Parent Revolution, the parent trigger advocacy group that got the law enacted in 2010, knew more about what was happening on the Weigand campus than district officials do.

"Someone on our staff is talking to Parent Revolution, and we need to know who it is," she said.

In February, the board voted unanimously to approve a parent trigger petition from the 24th Street Elementary School Parent Union. That school will reopen for the 2013-2014 school year jointly operated by the LAUSD and charter school Crown Preparatory Academy.

Weigand received a 688 Academic Performance Index score in 2012, down 1 point from the year before. The score, derived from multiple statewide tests, ranges from 200 to 1,000, and 800 is the state's target for each school.

The school is overwhelmingly Hispanic and poor: Of the 254 students whose test scores were included in the 2012 API score, 220 of them were Hispanic, 179 of them were "English learners" whose family speaks another language at home and all of them were categorized as socioeconomically disadvantaged by the state.

Similar schools, according to the California Department of Education, have an average of 745 API.

  • Staff writer Barbara Jones contributed to this story.

Monday, May 13, 2013

‘Working Hard, Left Behind’: CLOSING CALIFORNIA’S EDUCATION GAP

As the overall education level declines, the state faces not only social ills but also major economic problems.

OP-ed By Michele Siqueiros in the LA Times |http://lat.ms/13f6sBR

Santa Monica College

Students wait in a line for financial aid on the Santa Monica College campus. (Los Angeles Times / September 11, 2012)

May 13, 2013  ::  California has proved to be a land of opportunity where hard work delivers prosperity and nurtures innovation. Its human capital has helped the state develop into the world's ninth-largest economy, which attracts nearly half of the venture capital in the nation.

But this opportunity and success have not reached everyone, and the California dream is in danger of slipping away.

Today, California ranks first in the country in the number of working low-income families. "Working Hard, Left Behind," a new study conducted by the Campaign for College Opportunity (follows) , found that millions in the state are working hard but are increasingly left behind. More than a third of California's working families are considered low income, earning less than $45,397 a year for a family of four.

There is a solution. The study also found that higher education is a proven pathway from poverty to prosperity for working Californians. And it can work, even in these difficult economic times, if there is a will for reform and investment in the state's higher education system.

Without significant changes, California will be 1 million baccalaureate graduates short of meeting the demands of the state's economy in 2025, according to a 2009 report from the Public Policy Institute of California; when vocational certificate and associate degree graduates are included, the number grows to 2.3 million.

Those workforce goals are looking more and more remote. California now has the largest number of adults without a high school diploma or equivalent in the country; more than 1 in 10 adults over 24 years old have less than a ninth-grade education, and of the 24 million adults aged 18 to 64, almost 1 in 5 has not earned a high school diploma or its equivalent.

As a result of this low level of educational attainment, these adults are expected to spend more time unemployed, in poverty and in need of public cash assistance. In contrast, Californians who graduate with a bachelor of arts degree earn $1,340,000 more over their lifetimes than those with only a high school diploma.

Despite the clear benefits of increasing the state's higher education attainment rate, the two major pathways for adult education in California — the K-12 school districts and the California community colleges — do not have a strategy to increase the rates of the adult enrollment and completion of some higher education. The system is not working. We must act with urgency or risk not only the future of these families but the state's economy.

California must enact a comprehensive strategy of policy reform and program innovation designed to help struggling adults gain the higher education needed for the many complex and technical high-wage jobs on the market. These are the jobs that will most help move working low-income families closer to economic prosperity. The report offers recommendations for California policymakers on how to overcome obstacles to college access and completion for low-income adults.

The state must develop a comprehensive strategy for public K-12 education, adult education and higher education systems for addressing remedial education. California also must set clear goals for college certificate and degree completion, align them to projected workforce demands and monitor progress in meeting them.

Together, these initiatives can create clear pathways from adult education to higher education opportunities for working low-income families.

To assist adult learners to enroll and stay in school, we must improve and expand financial aid options for nontraditional students, such as single mothers or working adults who have delayed their college enrollment, and make child care available for low-income students attending colleges and universities.

Starting with this year's budget, we need to prioritize state funding for California community colleges with a focus on efforts to ensure student success, such as orientation and counseling services and student success centers.

And to inform these policies and initiatives, we need to do a better job of collecting and analyzing data on socioeconomic status and the barriers faced by low-income adults.

The report illustrates a troubling picture: a crisis of inequity in California that is both a social justice and economic imperative. Economic security should not be out of reach for people who are working hard, because if their success remains unattainable, the state's future well-being is threatened.

  • Michele Siqueiros is executive director of the Campaign for College Opportunity.

   "As this important report makes stunningly clear, while the demand for college-educated workers continues to grow, almost 1 in 5 California adults don’t have a high school degree or its equivalent and more than 1 in 10 have less than a ninth-grade education. The future of the Californian economy – and of millions of low-income working families– depends on increasing the pathways to and through higher education."

- Robert Reich, Former U.S. Secretary of Labor

Working Hard Left Behind

BROWN SET TO RELEASE “MAY REVISE” BUDGET PROPOSAL

 

Some Democrats and interest groups call for some of the deepest budget cuts in recent years to be restored.  But H.D. Palmer with the governor's Department of Finance says that won't happen. "The governor's budget assumes that the spending reductions that we've made over the last several years are ongoing in nature - that they will continue," he says.

By Ben Adler, Capitol Public Radio | http://bit.ly/YRc2OI

Monday, May 13, 2013  (Sacramento, CA)  ::  The quietest California budget season in recent memory will heat up Tuesday, as Governor Jerry Brown releases his updated proposal known as the “May Revise.”

It's been seven years since California last saw a budget without red ink.  And since Brown first proposed his spending plan in January, the state's revenues have soared: At last check, they were $4.5 billion above projections.

That's led some Democrats and interest groups to call for some of the deepest budget cuts in recent years to be restored.  But H.D. Palmer with the governor's Department of Finance says that won't happen. "The governor's budget assumes that the spending reductions that we've made over the last several years are ongoing in nature - that they will continue," he says.

Most of the extra money will likely go straight to schools under California's Proposition 98.  And most budget watchers think the extra revenue is probably just a one-time windfall - a product of wealthy taxpayers shifting profits back a year to avoid higher rates from the expiration of the Bush tax cuts.

U P D A T E D: LAUSD BOARD COULD BAN SUSPENSIONS FOR ‘WILLFUL DEFIANCE’ + smf’s 2¢

Backers of the resolution say 'zero tolerance' is harming kids. 'Instead of punishing students, we're going to engage them,' says one supporter.

By Teresa Watanabe, Los Angeles Times | http://lat.ms/ZUKoeQ

David Chinchilla, 15. was suspended for interrupting and cursing at a teacher. But he and the teacher also engaged in a "restorative justice" exercise.

David Chinchilla, 15, of Augustus Hawkins High School in South L.A., was suspended for interrupting and cursing at a teacher. But he and the teacher also engaged in a "restorative justice" exercise in which they exchanged letters, each taking some blame and pledging to better cooperate. They shared their letters with the class. (Allen J. Schaben, Los Angeles Times / May 10, 2013)

 

May 12, 2013, 5:26 p.m. ::   Damien Valentine knows painfully well about a national phenomenon that is imperiling the academic achievement of minority students, particularly African Americans like himself: the pervasive and disproportionate use of suspensions from school for mouthing off and other acts of defiance.

The Manual Arts Senior High School sophomore has been suspended several times beginning in seventh grade, when he was sent home for a day and a half for refusing to change his seat because he was talking. He said the suspensions never helped him learn to control his behavior but only made him fall further behind.

"Getting suspended doesn't solve anything," Valentine said. "It just ruins the rest of the day and keeps you behind."

But Valentine, who likes chemistry and wants to be a doctor, is determined to change school discipline practices. He has joined a Los Angeles County-wide effort to push a landmark proposal by school board President Monica Garcia that would make L.A. Unified the first school district in California to ban suspensions for willful defiance.

That offense is now widely criticized as an arbitrary catchall for any behavior a teacher finds objectionable, such as repeatedly tapping feet on the floor, refusing to remove a hat or failing to wear the school uniform. It accounted for 48% of 710,000 suspensions issued in California in 2011-12, prompting both state and local efforts to restrict its use in disciplinary actions.

Passage of the resolution, which is scheduled for a vote by the L.A. board of education on Tuesday, would mark a watershed moment in a long battle by community activists against "zero tolerance" policies adopted after the Columbine school shooting in Colorado more than a decade ago.

"This will be a transformational shift," said Tonna Onyendu of the Liberty Hill Foundation, a Los Angeles nonprofit that is coordinating the campaign for the Garcia proposal, along with more than a dozen other groups. "Instead of punishing students, we're going to engage them."

Not all educators support efforts to restrict their disciplinary authority — and, citing similar concerns, Gov. Jerry Brown vetoed a bill last year that would have barred the expulsion or suspension of defiant students. Sergio Garcia, principal at Artesia High School in Lakewood, said administrators should have wide discretion in how to handle disruptive students, whom he said studies have shown reduce classroom learning time 25%.

"To remove the tool we have that allows other kids to learn is the wrong direction," Garcia said.

The discipline reform effort comes amid mounting research findings that show kicking students out of school does not transform their behavior but only places them at higher risk of dropping out and running afoul of the law.

And a disturbing finding has surfaced: African Americans are bearing the brunt of the harsh discipline policies. Statewide, black students are three times as likely as whites to be suspended; in L.A. Unified, 26% of those suspended in 2010-11 were African Americans although they make up 9% of students.

Such disparities are also evident nationwide, drawing the attention of the federal government. The U.S. Department of Education's civil rights office has launched investigations in North Carolina, Louisiana, Massachusetts, Florida and elsewhere on whether discriminatory suspension policies are violating the civil rights of black students.

In L.A. Unified, Garcia said her proposal is the next step in the leading role the district has played in reforming school discipline practices. In 2007, the school board directed all campuses to adopt a research-backed approach to better student behavior using positive incentives after CADRE, a parent organizing group in South L.A., led a major campaign with others to reduce suspensions.

A majority of schools have not yet fully complied, but the district has made major progress in reducing the number of instructional days lost to suspensions — to 26,286 in 2011-12 from 74,765 in 2006-07.

Two years ago, L.A. Supt. John Deasy put a greater focus on gathering data to monitor suspensions and made progress in reducing them part of his own performance review. He said he backs the Garcia resolution, which would eliminate willful defiance as grounds for suspension; instead, alternatives would be used, such as positive incentives and efforts to repair the harm caused known as restorative justice.

"Willful defiance has become a vehicle for getting rid of kids who are not achieving," Deasy said, calling the effect on black males "a gross disproportionality."

Some teachers and administrators are anxious about whether they will be given the training and time to tackle a new approach.

At Augustus Hawkins High School in South L.A., a team of four teachers is leading efforts to bring such restorative justice practices to campus. In one recent case, ninth-grade teacher Katie Rainge-Briggs said she suspended a student for interrupting her and cursing. But rather than leave the problem unresolved, she took up a suggestion by the restorative-justice team leader that she and the student exchange letters. They did, each taking some blame and pledging to better cooperate. Then they shared the letters with the class.

"It was an effective process," said the student, David Chinchilla, 15. "We talked about what happened and were friends at the end of the day. Without that, it would have been weird between us."

Tony Terry, principal of one of the campus' three small schools, said his staff is committed to forging a new disciplinary direction. But he said it was more time-consuming, with each mediation taking 45 minutes or more at a time of major cuts in counselors, assistant principals and other support staff to help handle them. And the training, he said, is supported by outside funding — a $15,000 grant from UCLA.

"I agree with the fundamental idea that we do not want to prevent student access to instructional time," he said. "But you can suspend a student with a lot less time than it takes to do a mediation. If the resources were in place, I think more administrators would be willing to forgo suspensions."

That concern has also been voiced by the district administrators' union, the Associated Administrators of Los Angeles. United Teachers Los Angeles, meanwhile, is still studying the proposal, a spokeswoman said.

Looking back on his own suspensions, Valentine, 16, said he wished teachers had taken more time to talk with him, hear him out, even step in to cool him down before his temper exploded. By working for a change in school discipline practices, he said, he can help make that happen for other students.

"It's about helping kids in our community go to college instead of being suspended," Valentine said, adding that he has avoided any suspensions so far this year. "I can really help make a difference in their lives.

update

LA school district could become nation's first to ban suspensions

Christian Science MonitorThe Los Angeles Unified School District could move to ban suspensions of students who choose to defy rules. The board will deliberate on the bill tomorrow.

By Staff, Associated Press /http://bit.ly/12uHPSN

 

In this file photo, the downtown Los Angeles skyline is seen with the snow-capped San Gabriel Mountains in the distance. Robert Harbison/The Christian Science Monitor/File

May 13 2013 - Los Angeles   ::  The Los Angeles Unified School District could become the nation's first to ban suspensions of students who are willfully defiant.

The school board on Tuesday is scheduled to consider the ban, which is supported by the school superintendent.

Currently, students can be suspended for refusing to remove a hat or cursing the teacher.

The Los Angeles Times says willful defiance suspensions accounted for nearly half of all California suspensions in the 2011-2012 school year. Black students were disproportionately affected.

Critics say it's a catch-all way of getting rid of underachievers that hurts the student but does nothing to solve behavior issues.

Supporters say defiant kids disrupt classes and reduce learning time. Gov. Jerry Brown vetoed a bill last year that would have barred suspensions for defiance.

Related stories

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2cents

smf: Sometimes the Board of Ed is so far behind the curve as to be laughable. Whiff! Mixing that metaphor: Having swung-and-missed and sent down by Mudville to to some lesser league they are running down the platform – trying to catch the train that has already left the station. Welcome aboard.

  • Credit where credit’s due: Supt. Deasy has been campaigning against suspension and particularly ‘Willful Defiance’  since he first occupied the Northeast corner office on the 24th floor at 333 Beaudry.
  • Deasy’s right. Kicking kids out of school for a few days to ‘teach them a lesson’ is stupid. Continuing to do it is “stuck-on-stupid”..
    • It costs the District money in lost ADA.
    • It takes the kid out of the classroom and puts him or her (or him and her!) – unsupervised - on the street – or at best/worst:  at home. (Unwanted teen pregnancies don't originate in hotel rooms, they iniitiate in teen bedrooms, watched over by stuffed animals and rock+roll posters.)
  • ‘Willful Defiance’ is the first definition of the job description of middle scholars and early adolescents.  While WD is embedded in the Ed Code it is not defined; it’s a catch-all for any misbehavior, attitude problem or strange haircut Teacher A doesn’t appreciate in Student B. Didn't do your homework …again? Inappropriate hand signal?  WD! In my misspent youth I was regularly sent from school to the barber shop for my willful defiance of the Hollywood High School grooming code. Young ladies were sent home (suspended) because they couldn’t kneel on the hem of their skirts We usually didn’t go straight home or to the barber shop – we took in  a movie on Hollywood Boulevard on the way. Or we practiced the forbidden stuff our health teachers (generally gym teachers too old to run laps) promised would lead to our downfall. Like that was a bad thing!
  • There is a lyric in the Hollywood High fight song: “Shouting Defiance, Osky-wow-wow!” I’m not sure about ‘Osky-wow-wow’  …but I support the sentiment.
  • Supt. Deasy and UTLA and the administrator’s union disagree on how WD equates to poor classroom management and this disagreement feeds into the viral “Bad Teacher” argument. (Viruses are a bad thing!) Teachers need  support (and back-up) when students misbehave or disrupt their classroom; there need to be consequences for bad behavior. But banishing kids, whether to on-campus or off-campus suspension – or that dreaded bench outside the principal’s office - supports neither the student nor the teacher nor instruction.
  • Zero Tolerance::  We can probably leave the irony police snoozing back at the station, but the selective application of intolerance to zero tolerance by the powers that be can’t go without observation..