BILL NUMBER: SB 1532 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 16, 2008
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 amended, 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
that the Superintendent of Public Instruction recommend, and the
State Board of Education adopt, 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 and then also would require the department to
report and make available to the public the graduation rates of all
numerically significant pupil subgroups .
(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 and by failure to pass one
or both parts of the high school exit examination .
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
federal 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 Superintendent shall recommend, and
the state board shall adopt, 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 , as
defined in subparagraph (A) of paragraph (4) of subdivision (a) of
Section 52052 .
(b) When an accurate four-year graduation rate is reported, the
department also shall report and make available to the public the
graduation rates of all numerically significant pupil subgroups at
the school and district level, as defined in paragraph (2) of
subdivision (a) of Section 52052.
(c) For purposes of this section, the four-year graduation rate
shall be calculated as defined in subparagraph (A) of paragraph (4)
of subdivision (a) of Section 52052.
(d) If the federal No Child Left Behind Act is rescinded or
revised to discontinue its focus on graduation rate accountability,
the Superintendent shall recommend, and the state board shall adopt,
a statewide graduation rate goal and biannual progress targets
consistent with subdivision (a).
(b)
(e) 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 meeting high school graduation
requirements.
(b) Sufficient progress, as described in subdivision (a), shall be
determined on the basis of 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
of Division 4 and the minimum levels of proficiency
recommended by the state board pursuant to Section 60648.
(2) The 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.
(5) Failure to pass one or both parts of the high school exit
examination.
(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 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 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) Programs provided may be offered pursuant to this section
during the summer, before school, after school, on Saturday, or
during intersession, or in a combination of summer, before school,
after school, Saturday, or intersession instruction, 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. A but shall be in addition to the regular
schoolday. 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 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 law, neither the state board nor the
Superintendent may waive a provision of this section.
(h) Funds received for supplemental instruction pursuant to this
section 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.