BILL NUMBER: SB 1532 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Steinberg
FEBRUARY 22, 2008
An act to amend Section 37252 of, and to add Section 33318.6 to,
the Education Code, relating to high school graduation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1532, as introduced, Steinberg. High school graduation.
(1) Existing law requires a local educational agency to retain
individual pupil records in order to comply with federal law as
delineated in the federal No Child Left Behind Act of 2001 (20 U.S.C.
Sec. 6301 et seq.), including all data necessary to compile dropout
and graduation rates. The State Department of Education is required
to compile an attrition rate, in addition to the dropout rate the
department compiles pursuant to the federal No Child Left Behind Act
of 2001, for high school pupils according to a specified formula.
This bill would require the department, for purposes of the
requirement of the No Child Left Behind Act that school districts
demonstrate adequate yearly progress in meeting state goals in
graduation rates, to establish specified criteria, including a
statewide target graduation rate of 90%, and would specify that a
school or local educational agency shows adequate yearly progress if
it achieves the statewide target graduation rate or shows every 2
years at least a 10% reduction in the difference between its
graduation rate and the statewide target graduation rate. This
provision would be implemented when the California Longitudinal Pupil
Achievement Data System is able to report an accurate 4-year
graduation rate.
(2) Existing law requires the governing board of each school
district maintaining any or all of grades 7 to 12, inclusive, to
offer supplemental instructional programs for those pupils who do not
demonstrate sufficient progress toward passing the high school exit
examination, as determined by the results of a specified assessment
test and the minimum levels of proficiency recommended by the state
board or the pupil's grades and other indicators of academic
achievement designated by the district. These programs are required
to be offered in addition to the school day.
This bill would broaden these provisions to require the governing
board of each school district described above to offer supplemental
instructional programs for those pupils who do not demonstrate
sufficient progress toward meeting high school graduation
requirements and, in addition, provide that sufficient progress may
be determined by completion of course units or academic courses
required for high school graduation. The bill would authorize
supplemental instructional programs to be offered during the regular
school day provided that they do not supplant the instruction of the
pupil in areas of reading, writing, mathematics, history-social
science, and science or physical education.
Because this bill would require local agencies to provide
additional services, the bill would impose a state-mandated local
program.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 33318.6 is added to the Education Code, to
read:
33318.6. (a) For purposes of the requirement pursuant to the No
Child Left Behind Act (20 U.S.C. Sec. 6301 et seq.) that school
districts demonstrate adequate yearly progress in meeting state goals
in graduation rates, the department shall establish criteria that
conform to this section. The statewide target graduation rate is 90
percent. A school or local educational agency shows adequate yearly
progress if it achieves the statewide target graduation rate or shows
every two years at least a 10 percent reduction in the difference
between its graduation rate and the statewide target graduation rate.
(b) This section shall be implemented when the California
Longitudinal Pupil Achievement Data System is able to report an
accurate four-year graduation rate.
SEC. 2. Section 37252 of the Education Code is amended to read:
37252. (a) The governing board of each school district
maintaining any or all of grades 7 to 12, inclusive, shall offer, and
a charter school may offer, supplemental instructional programs for
pupils enrolled in grades 7 to 12, inclusive, who do not demonstrate
sufficient progress toward passing the exit examination
required for high school graduation pursuant to Chapter 8 (commencing
with Section 60850) of Part 33 meeting high school
graduation requirements .
(b) Sufficient progress, as described in subdivision (a), shall be
determined on the basis of either any
of the following:
(1) The results of the assessments administered pursuant to
Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 and
the minimum levels of proficiency recommended by the state board
pursuant to Section 60648.
(2) The pupils' grades of the pupil
and other indicators of academic achievement designated by the
district.
(3) Completion of course units required for high school
graduation.
(4) Completion of academic courses required for high school
graduation.
(c) For purposes of this section, a pupil shall be considered to
be enrolled in a grade immediately upon completion of the preceding
grade. Supplemental instruction also may also
be offered to a pupil who was enrolled in grade 12 during
the prior school year.
(d) For the purposes of this section, pupils who do not possess
sufficient English language skills to be assessed, as set forth in
Sections 60850 and 60853, shall be considered pupils who do not
demonstrate sufficient progress towards
toward passing the exit examination required for high school
graduation and shall receive supplemental instruction designed to
assist pupils to succeed on the high school exit examination.
(e) Except as provided in subdivision (h), programs
Programs provided may be offered pursuant to
this section during the summer, before school, after school, on
Saturday, or during intersession, or in any a
combination of summer, before school, after school, Saturday,
or intersession instruction, but shall be in addition to the
regular schoolday or during the regular school day
provided that they do not supplant the instruction of the pupil in
the core curriculum areas, as defined in paragraph (5) of subdivision
(a) of Section 60603, or physical education . Any
A minor pupil whose parent or
guardian informs the school district that the pupil is unable to
attend a Saturday school program for religious reasons, or
any a pupil 18 years of age or older who states
that he or she is unable to attend a Saturday school program for
religious reasons, shall be given priority for enrollment in
supplemental instruction offered at a time other than Saturday over a
pupil who is not unable to attend a Saturday school program for
religious reasons.
(f) A school district or charter school offering supplemental
instructional programs pursuant to this section shall receive funding
as described in Section 42239 and in the annual Budget Act.
(g) Notwithstanding any other provision of law,
neither the State Board of Education state
board nor the Superintendent of Public Instruction
may waive any a provision of
this section.
(h) Funds received for supplemental instruction pursuant to this
section may also may be used to provide
intensive instruction and services to eligible pupils pursuant to
Section 37254.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.