BILL NUMBER: AB 400	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 18, 2007
	AMENDED IN SENATE  JULY 3, 2007
	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  APRIL 12, 2007

INTRODUCED BY   Assembly Member Nunez

                        FEBRUARY 15, 2007

   An act to amend Section 52052 of  , and to repeal Section
52052.5 of,  the Education Code, relating to public school
accountability.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 400, as amended, Nunez. Public school accountability. 
   The 
    (1)    The  Public Schools
Accountability Act of 1999 requires the Superintendent of Public
Instruction to develop an Academic Performance Index (API), which
consists in part of the results of the tests administered pursuant to
the Standardized Testing and Reporting (STAR) Program. The API
measures the performance of schools and the academic performance of
pupils and consists of a variety of indicators, including pupil
scores from a list of specified tests. The results of those specified
tests constitute 60% of the value of the API.
   This bill instead would require that the results of those tests
constitute 50% of the value of the API. Commencing with the 2009-10
fiscal year, the Superintendent, in consultation with the State Board
of Education, would be required to incorporate various indicators
into the API, including high school graduation rates, rates by which
pupils complete a course of study at an achievement level that
fulfills the requirements and prerequisites for admission to
California public institutions of postsecondary education, and rates
by which pupils complete a course of study that provides the skills
and knowledge necessary to attain entry-level employment in business
or industry when they graduate from high school. The indicators
incorporated by the Superintendent would constitute the other 50% of
the API. The Superintendent would be required to implement the
percentage adjustments to the API on or before June 30, 2014. The
Superintendent would be authorized to convene an advisory committee
of recognized experts to provide recommendations for implementing the
requirements imposed by this bill.  The advisory committee, once
convened, also would be required to develop recommendations for the
inclusion of multiple measures in the APIs of middle and junior high
schools.  
   (2) The act also requires the Superintendent to establish a
broadly representative and diverse advisory committee to advise him
or her and the state board on all appropriate matters relative to the
creation of the API and the implementation of specified
accountability programs.  
   This bill would repeal that provision. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 52052 of the Education Code is amended to read:

   52052.  (a) (1) Except as provided pursuant to subdivision (c),
the Superintendent, with approval of the state board, shall develop
an Academic Performance Index (API), to measure the performance of
schools, especially the academic performance of pupils.
   (2) A school shall demonstrate comparable improvement in academic
achievement as measured by the API by all numerically significant
pupil subgroups at the school, including:
   (A) Ethnic subgroups.
   (B) Socioeconomically disadvantaged pupils.
   (C) English language learners.
   (D) Pupils with disabilities.
   (3) (A) For purposes of this section, a numerically significant
pupil subgroup is one that meets both of the following criteria:
   (i) The subgroup consists of at least 50 pupils each of whom has a
valid test score.
   (ii) The subgroup constitutes at least 15 percent of the total
population of pupils at a school who have valid test scores.
   (B) If a subgroup does not constitute 15 percent of the total
population of pupils at a school who have valid test scores, the
subgroup may constitute a numerically significant pupil subgroup if
it has at least 100 valid test scores.
   (C) For a school with an API score that is based on no fewer than
11 and no more than 99 pupils with valid test scores, numerically
significant subgroups shall be defined by the Superintendent, with
approval by the state board.
   (4) The API shall consist of a variety of indicators currently
reported to the department, including, but not limited to, the
results of the achievement test administered pursuant to Section
60640 and the graduation rates for pupils in secondary schools.
   (A) Graduation rates for pupils in secondary schools shall be
calculated for the API as follows:
   (i) The number of pupils who graduated on time for the current
school year, which is considered to be three school years after the
pupils entered 9th grade for the first time, divided by the total
calculated in clause (ii).
   (ii) The number of pupils entering 9th grade for the first time in
the school year three school years prior to the current school year,
plus the number of pupils who transferred into the class graduating
at the end of the current school year between the school year that
was three school years prior to the current school year and the date
of graduation, less the number of pupils who transferred out of the
school between the school year that was three school years prior to
the current school year and the date of graduation who were members
of the class that is graduating at the end of the current school
year.
   (B) The pupil data collected for the API that comes from the
achievement test administered pursuant to Sections 60640 and 60644
and the high school exit examination administered pursuant to Section
60851, when fully implemented, shall be disaggregated by special
education status, English language learners, socioeconomic status,
gender and ethnic group. Only the test scores of pupils who were
counted as part of the enrollment in the annual data collection of
the California Basic Educational Data System for the current fiscal
year and who were continuously enrolled during that year may be
included in the test result reports in the API score of the school.
   (C) Before including high school graduation rates in the API, the
Superintendent shall determine the extent to which the data are
currently reported to the state and the accuracy of the data.
Notwithstanding any other provision of law, graduation rates for
pupils in dropout recovery high schools shall not be included in the
API. For purposes of this subparagraph, "dropout recovery high school"
means a high school in which 50 percent or more of its pupils have
been designated as dropouts pursuant to the exit/withdrawal codes
developed by the department.
   (D) The Superintendent shall provide an annual report to the
Legislature on the graduation and dropout rates in California and
shall make the same report available to the public. The report shall
be accompanied by the release of publicly accessible data for each
school district and school in a manner that provides for
disaggregation based upon socioeconomically disadvantaged pupils and
numerically significant subgroups scoring below average on
statewide-standards aligned assessments. In addition, the data shall
be made available in a manner that provides for comparisons of a
minimum of three years of data.
   (b) Pupil scores from the following tests, when available and when
found to be valid and reliable for this purpose, shall be
incorporated into the API:
   (1) The assessment of the applied academic skills matrix test
developed pursuant to Section 60604.
   (2) The nationally normed test designated pursuant to Section
60642.
   (3) The standards-based achievement tests provided for in Section
60642.5.
   (4) The high school exit examination.
   (c) In addition to the pupil scores from the tests set forth in
subdivision (b) and commencing with the 2009-10 fiscal year, the
Superintendent, in consultation with the state board, shall
incorporate the following indicators into the API for schools serving
any of grades 9 to 12, inclusive, using the best available data:
   (1) High school graduation rates calculated as specified in
subparagraph (A) of paragraph (4) of subdivision (a).
   (2) Rates by which pupils complete a course of study at an
achievement level that fulfills the requirements and prerequisites
for admission to California public institutions of postsecondary
education, as set forth in subdivision (a) of Section 51228.
   (3) Rates by which pupils complete a course of study that provides
the skills and knowledge necessary to attain entry-level employment
in business or industry when they graduate from high school, as set
forth in subdivision (b) of Section 51228. For purposes of this
paragraph, the Superintendent shall use indicators derived from one
or more of the following:
   (A) Satisfactory completion of a designated career and technical
education course or series of courses that meets the career technical
education content standards adopted by the state board.
   (B) The number or percentage of pupils who earn a certificate,
license, or the equivalent in the designated occupation for which it
is issued.
   (C) The scores of pupils on valid and reliable assessments,
including portfolio assessments, that are designed to assess the
degree to which pupils have acquired the skills and knowledge
necessary to be successful in a specific occupation or in the general
workforce.
   (D) Workforce outcomes for pupils graduating from high school may
include, but are not limited to, employment rates and earnings.
   (d) Based on the API, the Superintendent shall develop, and the
state board shall adopt, expected annual percentage growth targets
for all schools based on their API baseline score from the previous
year. Schools are expected to meet these growth targets through
effective allocation of available resources. For schools below the
statewide API performance target adopted by the state board pursuant
to subdivision (e), the minimum annual percentage growth target shall
be 5 percent of the difference between the actual API score of a
school and the statewide API performance target, or one API point,
whichever is greater. Schools at or above the statewide API
performance target shall have, as their growth target, maintenance of
their API score above the statewide API performance target. However,
the state board may set differential growth targets based on grade
level of instruction and may set higher growth targets for the lowest
performing schools because they have the greatest room for
improvement. To meet its growth target, a school shall demonstrate
that the annual growth in its API is equal to or more than its
schoolwide annual percentage growth target and that all numerically
significant pupil subgroups, as defined in subdivision (a), are
making comparable improvement.
   (e) Upon adoption of state performance standards by the state
board, the Superintendent shall recommend, and the state board shall
adopt, a statewide API performance target that includes consideration
of performance standards and represents the proficiency level
required to meet the state performance target. When the API is fully
developed, schools, at a minimum, must meet their annual API growth
targets to be eligible for the Governor's Performance Award Program
as set forth in Section 52057. The  State Board 
 state board  may establish additional criteria that schools
must meet to be eligible for the Governor's Performance Award
Program.
   (f) The API shall be used for both of the following:
   (1) Measuring the progress of schools selected for participation
in the Immediate Intervention/Underperforming Schools Program
pursuant to Section 52053.
   (2) Ranking all public schools in the state for the purpose of the
High Achieving/Improving Schools Program pursuant to Section 52056.
   (g) (1) A school with 11 to 99 pupils with valid test scores shall
receive an API score with an asterisk that indicates less
statistical certainty than API scores based on 100 or more test
scores.
   (2) A school annually shall receive an API score, unless the
Superintendent determines that an API score would be an invalid
measure of the performance of the school for one or more of the
following reasons:
   (A) Irregularities in testing procedures occurred.
   (B) The data used to calculate the API score of the school are not
representative of the pupil population at the school.
   (C) Significant demographic changes in the pupil population render
year-to-year comparisons of pupil performance invalid.
   (D) The department discovers or receives information indicating
that the integrity of the API score has been compromised.
   (E) Insufficient pupil participation in the assessments included
in the API.
   (3) If a school has fewer than 100 pupils with valid test scores,
the calculation of the API or adequate yearly progress pursuant to
the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.) and federal regulations may be calculated over more than one
annual administration of the tests administered pursuant to Sections
60640 and 60644 and the high school exit examination administered
pursuant to Section 60851, consistent with regulations adopted by the
state board.
   (h) Only schools with 100 or more test scores contributing to the
API may be included in the API rankings.
   (i) The Superintendent, with the approval of the state board,
shall develop an alternative accountability system for schools under
the jurisdiction of a county board of education or a county
superintendent of schools, community day schools, nonpublic,
nonsectarian schools pursuant to Section 56366, and alternative
schools serving high-risk pupils, including continuation high schools
and opportunity schools. Schools in the alternative accountability
system may receive an API score, but shall not be included in the API
rankings.
   (j) On or before June 30, 2014, the Superintendent shall implement
all of the following:
   (1) Results of the achievement test and other tests specified in
subdivision (b) shall constitute 50 percent of the value of the API.
   (2) The indicators described in subdivision (c) shall collectively
constitute 50 percent of the value of the API.
   (3) Except as provided in paragraph (4), the indicators described
in subdivision (c) shall be assigned equal weight in the API.
   (4) The indicators described in subdivision (c) shall be designed
in a manner that gives additional weight to the combined 
rated   rates  by which pupils satisfy the
conditions described in paragraphs (2) and (3) of subdivision (c).
   (k) The Superintendent may convene an advisory committee of
recognized experts to provide recommendations for the implementation
of subdivisions (c) and (j).  The advisory committee, once
convened, also shall develop recommendations for the inclusion of
multiple me   asures in the APIs of middle and junior high
schools. 
   SEC. 2.    Section 52052.5 of the  
Education Code   is repealed.  
   52052.5.  (a) The Superintendent of Public Instruction shall
establish a broadly representative and diverse advisory committee to
advise the Superintendent of Public Instruction and the State Board
of Education on all appropriate matters relative to the creation of
the Academic Performance Index and the implementation of the
Immediate Intervention/Underperforming Schools Program and the High
Achieving/Improving Schools Program. Members of the advisory
committee shall serve without compensation for terms not to exceed
two years. The State Department of Education shall provide staff to
the advisory panel.
   (b) By July 1, 2005, the advisory committee established pursuant
to this section shall make recommendations to the Superintendent of
Public Instruction on the appropriateness and feasibility of a
methodology for generating a measurement of academic performance by
utilizing unique pupil identifiers for pupils in kindergarten and any
of grades 1 to 12, inclusive, and annual academic achievement growth
to provide a more accurate measure of a school's growth over time.
If appropriate and feasible, the Superintendent of Public
Instruction, with the approval of the State Board of Education, shall
thereafter implement this measurement of academic performance.