BILL ANALYSIS                                                                                                                                                                                                    





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          GOVERNOR'S VETO
          AB 400 (Nunez)
          As Amended August 31, 2007
          2/3 vote

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          |ASSEMBLY:  |48-29|(June 5, 2007)  |SENATE: |23-16|(September 11, |
          |           |     |                |        |     |2007)          |
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          |ASSEMBLY:  |48-29|(September 12,  |        |     |               |
          |           |     |2007)           |        |     |               |
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          Original Committee Reference:   ED.  

           SUMMARY  :  Requires the Superintendent of Public Instruction  
          (SPI) to incorporate previously specified and additional  
          measures of performance into the Academic Performance Index  
          (API), using the best available data and commencing in fiscal  
          year (FY) 2009-10.  Specifically,  this bill  :

          1)Makes the current requirement that the SPI add high school  
            graduation rates to the API for schools with any of 8th  
            through 12th grades, time certain, such that these measures  
            must be added by the FY 2009-10.

          2)Deletes the requirement that attendance rates be incorporated  
            into the API.

          3)Requires the SPI to incorporate the rates at which pupils  
            complete a course of study that fulfills University of  
            California and California State University admission  
            requirements and at which pupils complete a course of study  
            that provides the skills and knowledge necessary to attain  
            entry-level employment upon graduation from high school into  
            the API by FY 2009-10 for schools with any of 8th through 12th  
            grades, and specifies how these measures are derived.

          4)Requires that the weighting of components of the API shall be:










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             a)   Until July 1, 2009, at least 60% on the results of the  
               achievement tests specified;

             b)   Between July 1, 2009 and June 30, 2014, at least 50% on  
               the results of the achievement tests specified; and,

             c)   Commencing June 30, 2014, 50% on the results of the  
               achievement tests specified and 50% on the elements listed  
               in  1) and  3) above, and that the two elements in  3)  
               above shall receive equal weight, while the rate at which  
               pupils meet both shall be given additional weight.

          5)Authorizes the SPI to convene an advisory committee to provide  
            recommendations on the implementation of these provisions.

           The Senate amendments  :

          1)Establish the weighting of components of the API to be at  
            least 60% on achievement test results until July 1, 2009, and  
            at least 50% on achievement test results from July 1, 2009,  
            until June 30, 2014.

          2)Allow the SPI to convene an advisory committee of recognized  
            experts to provide recommendations on the implementation of  
            these provisions and the inclusion of multiple measures in the  
            API of middle and junior high schools.

          3)Make technical clarifications.

           EXISTING LAW  requires:

          1)The SPI to develop the API to measure the performance of  
            schools, and to include a variety of indicators in that  
            measure, including, but not limited to, achievement test  
            results, attendance rates, and graduation rates; this statute  
            was enacted in 1999.  

          2)School districts to offer to all otherwise qualified pupils in  
            seventh through twelfth grades a course of study fulfilling  
            the requirements and prerequisites for admission to  










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            California's public institutions of postsecondary education. 

          3)School districts to offer to all otherwise qualified pupils in  
            seventh through twelfth grades a course of study that provides  
            an opportunity to attain entry-level employment skills in  
            business or industry upon graduation from high school.

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version passed by the Senate.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee:

          1)Costs for the California Department of Education (CDE) related  
            to developing new indicators, facilitating the advisory  
            committee and subcommittee meetings, and providing for the  
            attendance of appropriate experts at these meetings.  

          2)Additional costs related to the collection and incorporation  
            of college preparation and career technical education  
            coursework data.  

          3)Significant costs, unknown but potentially in the millions,  
            for districts to compile this information and report it to the  
            CDE, to the extent that local education agencies do not  
            already collect this data.

           COMMENTS  :  Only achievement test results are currently  
          incorporated into the API.  Arguments in support of this bill  
          would suggest that having an API that focuses solely on  
          achievement test results is too narrow and does not reflect  
          information about student outcomes (e.g., dropout and graduation  
          rates, college readiness, preparation for the workplace) that is  
          important in measuring the performance of districts, schools and  
          subgroups.  Perversely, increases in dropouts could easily lead  
          to an increase in test scores and the API for a given school or  
          district, yet this may not be reflective of an increase in  
          performance within that school or district.

          Opponents argue that including data on dropouts, graduation  
          rates, and the availability of course offerings that fulfill  










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          admission requirements to California's public universities will  
          skew the emphasis of the API toward high schools, resulting in  
          the focusing of more resources at that level to the detriment of  
          elementary and middle schools.  Since the Legislature can target  
          the use of resources by grade span as well as by API ranking,  
          this effect, to the extent that it does exist, could be easily  
          moderated.  Though inclusion of graduation rates in the API is  
          current law, opponents argue that data on graduation rates are  
          not well grounded and that it is unclear how the state would  
          collect data on courses of study fulfilling university admission  
          requirements or preparing students for the workplace.  In fact,  
          this bill only makes the currently required inclusion of  
          graduation rates time certain; also information on student  
          course-taking that fulfills university admission requirements is  
          already measured and reported annually on every School  
          Accountability Report Card.  In addition, the bill authorizes  
          the SPI to use an advisory committee to provide recommendations  
          on the incorporation into the API and measurement of the extent  
          to which schools offer a course of study that provides the  
          skills and knowledge necessary to attain entry-level employment,  
          as well as other multiple measures.

          With the exception of attendance rates the data elements  
          currently included in the API, as well as those proposed by this  
          bill, focus on student, school and district outcomes.  Deletion  
          of attendance rates, as proposed, would eliminate this  
          exception.

           GOVERNOR'S VETO MESSAGE  :

               While I agree with the author that what the state  
               measures in its accountability system sends a powerful  
               message to schools and to the public about the  
               outcomes we value, this bill still needs refinement.   
               I respect the intention to provide schools the  
               incentive to expand access to A-G college admission  
               required courses, and expand course offering in Career  
               Technical Education program. I am open to  
               opportunities to accomplish that goal.  However, I  
               must maintain that the Academic Performance Index  
               (API) should continue to be based on objective,  










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               reliable, valid and consistent statistical  
               measurements.
                
               Currently, a school's API is based solely on its  
               students' performance on academic achievement tests.   
               This bill, however, would require that, by no later  
               than June 30, 2014, the weight given such tests be  
               reduced to 50 percent with the remaining 50 percent  
               based on high school graduation rates, the percentage  
               of students fulfilling the requirements for admission  
               to public postsecondary institutions, and the  
               percentage of students who graduate prepared for  
               entry-level employment in business or industry.


           Analysis Prepared by  :  Gerald Shelton / ED. / (916) 319-2087 


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