EdCal EdCal v48.13 11/20/17 | Page 2

2 EDCAL November 20 , 2017

New nutrition program purchasing rules start Jan . 1

Lozano Smith Client News Briefs offers the following information on bills signed by Gov . Jerry Brown , updating purchasing rules related to school food and nutrition programs and improving access to healthy food . Each of these bills will take effect Jan . 1 .
Nutrition contracts
Senate Bill 544 resolves an inconsistency between state and federal law regarding the awarding of contracts in support of child nutrition programs by clarifying that school districts can consider factors other than price . This new law provides school districts with flexibility in purchasing items and services for their child nutrition programs .
Existing state law requires school districts to award any contract involving an expenditure that is over the bid limit , currently $ 88,300 , for the purchase of equipment , materials , supplies or services , other
than construction services , to the lowest responsible bidder . As a condition of the receipt of federal funds for child nutrition programs , school districts must also comply with federal regulations that permit the consideration of factors in addition to price . The factors include contractor integrity , compliance with public policy , record of past performance and financial and technical resources .
These differences between state and federal requirements have been a source of confusion for many districts .
SB 544 provides some clarity by modifying section 20111 , subdivision ( c ) of the Public Contract Code to expressly allow school districts to follow federal regulations and to consider other factors in addition to price in awarding contracts in support of their federally funded child nutrition programs . Under the new state law , price must be the primary consideration , but it does not have to be the only determining factor .
Sharing tables
SB 557 will allow local educational agencies to provide “ sharing tables ,” where faculty , staff and students can place prepackaged food items , uncut produce and unopened bags of sliced fruit and cartons of milk to be donated to a food bank or other nonprofit charitable organization .
The bill exempts these foods from the current California Retail Food Code regulations , which prohibit food that is unused or returned after being served or sold and in the possession of a consumer , from being offered as food for human consumption .
Food placed on sharing tables must first be offered to students during regular meal times before it can be donated . See Education Code 49580 et seq . and Health and Safety Code 114079 .
‘ Buy American ’ provision
SB 730 will require the California Department of Education to monitor whether school districts receiving a federal subsidy to provide free and reducedprice meals are complying with the “ Buy American ” provision in the federal National School Lunch Act , which requires school food authorities to purchase , to the maximum extent possible , domestic commodities or products .
The bill also requires the CDE to provide requirements , resources and best practices on its website and to distribute federal guidance and regulations related to the Buy American provision . See Ed Code 49563 . The bill does not implicate the separate California Buy American Act that was
See NUTRITION , page 5

Surveys show opinions of public schools improving

Two recent reports on the public ’ s opinion of education in the United States point to public schools gaining on schools of choice in providing what families want for their children .
Moral imperative
“ The EdNext Poll : The Case for a Moral Imperative ” looks at a laundry list of issues and even weighs in on the “ Trump effect ” on the public ’ s opinion .
The 2017 Education Next survey , conducted in May and June of this year , breaks down responses by political party and by level of education of those polled . The polled sample of more than 4,200 respondents includes oversamples of parents and teachers .
Among the most notable findings was that public support for charter schools has fallen by 12 percentage points , with similar drops evident among both self-described Republicans and self-described Democrats . Support has also fallen within the minority community – from 46 percent to 37 percent among blacks , and from 44 percent to 39 percent among Hispanics .
While the EdNext survey doesn ’ t specifically measure public school support , a 2017 Gallup poll found a similar decline in charter support , together with growth in public school support . The percentage of U . S . adults who consider public school education as excellent or good increased by 7 percentage points , while positive perceptions of private school education fell by the same amount . Since 2012 , public schools ’
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EdNext did find that more than 50 percent of parents and teachers rate their local schools as deserving an A or B grade .
The survey also found that , although a plurality of the public continues to think accountability policy should mostly be a state responsibility , the latest numbers show that the public has shifted away from federal toward local control of schools .
Federal role
Only 36 percent of the public think the federal government should play the largest role in setting standards , down 5 percentage points from 2015 ; only 13 percent think it should identify failing schools , also down 5 percent ; and only 16 percent think the federal government should be responsible for fixing schools , down 4 percent .
Democratic support for federal decision making has dropped by 8 , 6 and 7 percentage points , respectively . The share of the public thinking these policies should be a local responsibility has risen by 4 , 6 and 7 percentage points , respectively , for setting standards , identifying failing schools and responsibility for fixing schools .
Other key findings
• Common Core . Support for using the same academic standards across the states has risen since 2016 – as long as the “ brand name ” of Common Core is not mentioned .
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When the question simply asked about standards “ that are the same across the states ,” public support climbed by 5 percentage points over last year .
• Teacher policies . The public is showing an increased resistance to change when it comes to policies affecting teachers . The percentages favoring merit pay , an end to teacher tenure , and increases in teacher salaries are all down about 5 percentage points . In each case , however , a plurality continue to support reform .
• Trump effect . Half of respondents were told of Trump ’ s position on four issues – Common Core , charter schools , tax credits and merit pay . The other half were asked the same questions without mention of the president . In general , the effect of being told the president ’ s position was to boost support among Republicans and reduce it among Democrats . The overall impact , however , was roughly nil .
• Technology . Forty-four percent of the respondents think the effects would be positive if students spent more time on computers at school , while 35 percent think the effect would be negative .
• Religious afterschool clubs . The general public is more favorable toward allowing Muslim students to form afterschool clubs than it was in 2008 . At that time , 27 percent supported such clubs , 23 percent

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of the farm labor movement that includes not only Cesar Chavez , but also the role of Filipinos and Filipino Civil Rights Leader Larry Itliong . Information on the Mexican Repatriation Program , which illegally deported thousands of Mexican-Americans in the 1930s , many of whom were U . S . citizens .
• A new emphasis on the diverse , multicultural heritage of California and the United States and the importance of our state and nation as a place of promise for all people , especially immigrants .
• More detail on African American history , specifically the institution of slavery . Through assigned readings , students can reflect on the meaning of slavery both as a legal and economic institution and an extreme violation of human rights .
• Additional perspective on the plight of Native Americans in California ’ s missions , focusing on diseases from which natives did not have immunity ; forced labor , and separation from traditional ways of life .
Approval of the instructional materials is one of the final steps in conveying the updated information to students in the classroom .
The process starts with the adoption of standards , which define what students should know and be able to do in each grade level . Next comes the adoption of the curriculum framework , which guides opposed them , and 50 percent took a neutral position . In 2017 , those percentages are 45 percent support , 27 percent oppose , and 28 percent neutral .
• Parent aspirations for higher ed . Two thirds of the public would have their child pursue a four-year university degree , while only 22 percent would choose a two-year associate ’ s degree at a community college , and 11 percent would choose neither . Seventy-five percent of Democrats would prefer their child to pursue a fouryear degree , as compared to 57 percent of Republicans . This partisan difference disappears when respondents receive information about costs and benefits .
• Varying views by education level . Among white respondents , 64 percent of those with a university degree say their local schools deserve a “ grade ” of A or B , while only 51 percent of those without that degree rate their local schools that highly . Respondents ’ views also varied with their level of education on other issues , including school spending , teacher salaries , merit pay and school vouchers .
One might expect that this year ’ s decline in support for charters would be concentrated among Democrats , given the position taken by Trump , but that turns out not to
See SURVEYS , page 4
the teaching of the content , and finally the development of the instructional materials that were approved .
The process leading to the approval of the instructional materials was thorough . After the SBE approved the History / Social Science Framework in July 2016 , it appointed 99 instructional material reviewers , mostly classroom teachers , and 21 content review experts , including historians , to review materials and make recommendations about whether they reflected the History / Social Science Curriculum Framework .
The reviewers then made their recommendations to the Instructional Quality Commission , which advises the SBE . Next the IQC solicited comments from the public and heard from 140 speakers during its two-day meeting in September . Based on the comments , testimony , and a review with experts , the IQC required some publishers to make some changes in their instructional materials , and made its recommendations .
Districts can choose to purchase the instructional materials approved by the SBE , but they can also choose other materials , if those materials teach the content standards and reflect the History / Social Science Curriculum Framework .
The board approved 10 new history textbooks but rejected two textbooks for failing to specifically identify contributions made by LGBT people as required now through the 2011 FAIR Education Act .