To:          VTA Executive Board and Site Reps

From:         Brenda Hensley, VTA President

Re:           K-3 Class Size Reduction

Date:          January 19, 2006

Boy, have I learned a lot in the last few hours. My learning curve with elementary issues is steep. Thank you all for your patience. I know that this will not directly impact the secondary reps, but I wanted you to have this information as well, since you might be called on to serve as a rep in a meeting someday.

In case you haven’t heard, there have been additional students being added to K-3 classrooms, making them go over the 20-1 ratio. Some primary teachers and others have expressed concern that the district is not following the rules with CSR. Through some prior knowledge, a lot of investigation and emails, and meeting with Burton Crinklaw, here are the facts:

  1. We can only grieve what is addressed in the contract. The 20-1 ratio for CSR in grades K-3 is not addressed in the contract at this time.
  2. Ed Code does provide guidelines for Class Size Reduction. If anyone remembers back that far, when CSR was proposed in the state, I think it was an average of 20-24. CTA probably worked against that. The compromise language in Ed Code is what we have. The sections are at the end of this memo.
  3. Although we cannot grieve, we are still the watchdogs of the district, making sure that they follow the rules.
  4. Burton uses a Class Size Reduction calculator on the School Services website to help him determine which class is eligible to receive more than 20 students. In a memo to the elementary school principals, dated today, he writes:

Under Education Code for Class Size Reduction, in order to be eligible for full funding, a K-3 class cannot exceed an average of 20.44 students at P2, the second apportionment period. This occurs at approximately the 135th day of instruction.

  1. Burton calculated that April 15th, 2006 is the 142nd day of instruction. He used this number to determine which day in the year they can start adding additional students to classes if necessary. He also writes in that same memo:

This means that we can enroll a 21st student prior to P2 as long as the class average (counted by individual class) does not exceed 20.44 on or before P2 and receive full CSR funding from the state. On January 9th, we reached the threshold whereby if a class from the first day of school until December 23rd was never above 20 students we can enroll a 21st student and not exceed the allowable average.

  1. Burton has developed a process for the principals should another student come in. First, though, I want to explain his process for the beginning of school. At the start of the school year, some campuses have open spots in a grade and some are full or even overcrowded. We all know that a lot of parents enroll their kids those first few weeks of school. So, the campuses enroll the extra students, letting the parents know that their child may have to go to another school if there are more than 20 in a primary class. Students who switch schools because of the 20-1 ratio at the beginning of the year are called “overflow” students. Those students remain at those other schools unless openings occur. Burton addresses this in his memo as well:

For Grades with “Overflow” Students going to other schools:

-Do nothing unless a class has fallen below 20 students and offer a place for that student.

-It is not recommended that you call back an overflow student to make him/her the 21st student in a class.

-if you receive a new student for a grade that has current overflow students it is recommended that you offer the 21st seat to the overflow students before enrolling the new student as the 21st student.

     For Grades without “Overflow” students:

-You may enroll any new student making him/her the 21st student as long as that class has never exceeded 20 students.

-If the class has exceed 20 students at any time during the year contact Human Resources with an enrollment count for each day in any class you might consider placing a 21st student. We will do the calculations and notify you whether or not the placement of the 21st student is feasible.

         7)          So, if a teacher is getting a 21st student, this is supposed to be what happened before that:

              -the teacher hasn’t exceeded 20-1 all year

              -the teacher has exceeded 20-1 at some point, the school registrar and principal has given the daily enrollment data to Burton, he has checked it in his School Services calculator (he showed it to me; it’s on the level), and has verified that by April 15th the teacher’s average class load won’t exceed 20.44. Burton calculates each teacher’s class enrollment eligibility personally.

       If a teacher disagrees with the determination that they are eligible for an additional student, the teacher should make an appointment with their principal to discuss the placement of the 21st student. Obviously, they might want a rep with them for support.

  1. From December 23rd to January 13th, the district enrolled 60 new students. I guess a lot of families move during the holidays and then enroll their kids in new schools!  Burton said this is pretty common around winter break, and that new enrollees should be uncommon for the rest of the school year. I’m hoping (as are our primary teachers) that this means 21 students should be the maximum they can expect to get, unless there are huge influxes of students suddenly coming to Vacaville Unified. Unless all the private schools close down, I don’t see this happening.
  2. Burton and Ron Hawkins (by email) also stated that the adding of students to a class of 20 has been common practice the last 3 years. They try to place students in their neighborhood schools, provided that there is a space. There can be transportation costs associated with not allowing a child to attend their neighborhood school, not to mention the wrath of the families on the staff.

Considering the limited flexibility allowed by Ed Code and Burton’s procedures, I believe the district is trying to maintain the 20-1 to the letter of the law for full funding from the state. They are not going against Ed Code.

I have explained to Burton that the intent of the law is to keep class sizes at 20-1, Program Improvement has stressed out our already overworked teachers, and that adding just one more student is more work. Also, the 20-1 ratio is not just there for the teacher, it is for every student in the class. Adding another student impacts every student in the class. I also expressed concern that site administrators should take in to consideration which teachers have been above 20 and below 20 in making decisions about which teachers should receive the 21st student, on top of the 20.44 average requirement.

I know these facts are not going to make everyone happy. But I am satisfied with the explanations I have received from district officers. If I hear anything else that causes me to question these explanations, I will investigate further.

Cc: BC, RH, JA

Ed code verbiage:

  52122.  (a) Except as otherwise provided by Section 52123, any
school district that maintains any kindergarten or any of grades 1 to
3, inclusive, may apply to the Superintendent of Public Instruction
for an apportionment to implement a class size reduction program in
that school district in kindergarten and any of the grades designated
in this chapter.
   (b) An application submitted pursuant to this chapter shall
identify both of the following:
Each class that will participate in the Class Size Reduction
Program.
For each class that will participate in the Class Size
Reduction Program, whether that class will operate under Option One
or Option Two:
(i) Option One:  A school district shall provide a reduced
class size for all pupils in each classroom for the full regular
schoolday in each grade level for which funding is claimed.  For the
purposes of this chapter, "full regular schoolday" means a
substantial majority of the instructional minutes per day, but shall
permit limited periods of time during which pupils are brought
together for a particular phase of education in groups that are
larger than 20 pupils per certificated teacher.  It is the intent of
the Legislature that those limited periods of time be kept to a
minimum and that instruction in reading and mathematics not be
delivered during those limited periods of time.  For the purposes of
this subparagraph, "class" is defined in the same manner as provided
in the regulations adopted by the Superintendent of Public
Instruction prior to July 1, 1996, pursuant to Sections 41376 and
41378 (subdivision (a) of Section 15103 of Title 5 of the California
Code of Regulations).
(ii) The purpose of the Class Size Reduction Program is to ensure
that children in public school in kindergarten and grades 1 to 3,
inclusive, receive instruction in classrooms where there are not more
than 20 pupils.  Except as provided in subdivision (h), in order to
qualify for funding pursuant to this chapter, each class in the Class
Size Reduction Program shall be maintained with an annual average
class size of not more than 20 pupils for the instructional time that
qualifies the class for funding pursuant to this chapter.  Nothing
in this chapter shall be construed to prohibit the class size from
exceeding 20 pupils on any particular day, provided that the average
class size for the school year does not exceed 20.
52124.5.  (a) (1) The Controller shall include instructions,
appropriate to the enforcement of subdivision (d) of Section 52124,
in the audit guide required by subdivision (a) of Section 14502.
These instructions shall include, but not necessarily be limited to,
procedures for determining if the annual average class enrollment
exceeds 20.4 for classes for which funding is provided to a school
district pursuant to this chapter.  The procedures to determine
average class enrollment shall include criteria for employing
sampling which will satisfy both of the following:
The number of classes to be reviewed shall be based on auditor
judgment, but the selection of classes shall be done randomly.
(B) For each class selected, the sample shall include at least 15
days randomly selected from all instructional days which occurred
between the first day of instruction and April 15, inclusively, of
the school year.
(A) If the auditor concludes from the sample, based on his or
her professional judgment, that average class size for the sampled
classes is more than
20.4 when averaged over a period from the first
day of instruction to April 15 of the school year, then the auditor
shall conduct a more in-depth review.  The in-depth review shall be
either of the following:
A review of all instructional days for all classes for which a
district has requested funding pursuant to Section 52126.
(ii) A randomly selected sample of all classes and instructional
days of sufficient size and designed in such a manner that the class
size for each class, when averaged over the period from the first day
of instruction to April 15, that the auditor can conclude that the
average daily class size does not exceed 20 with an error of no more
than 0.4 rate at 95 percent degree of confidence.
(B) The school district shall make the determination as to which
of the two in-depth review methods set forth in subparagraph (A)
shall be used.
(b) The results of the audits conducted for the 1996-97 and
1997-98 school years shall be reported by the Superintendent of
Public Instruction to the Legislature and the Department of Finance
no later than February 1 of the fiscal year subsequent to the audit.