BILL NUMBER: AB 451 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member De Leon
FEBRUARY 24, 2009
An act to amend Sections 52055.57 and 52059 of, and to add Section
52055.575 to, the Education Code, relating to public school
accountability.
LEGISLATIVE COUNSEL'S DIGEST
AB 451, as amended, De Leon. Education finance: The
Opportunity to Learn Block Grant. Public school
accountability: grants.
(1) The Public Schools Accountability Act of 1999 requires the
State Department of Education to identify local educational agencies
that are in danger of being identified within 2 years as program
improvement local educational agencies under the federal No Child
Left Behind Act of 2001, and to notify those local educational
agencies, in writing, of this status and provide those local
educational agencies with research-based criteria to conduct a
voluntary self-assessment. The Public Schools Accountability Act
requires a local educational agency identified as a program
improvement local educational agency under the federal No Child Left
Behind Act of 2001 to perform specified tasks, including conducting a
self-assessment and implementing a local educational agency plan.
The Public Schools Accountability Act authorizes a local educational
agency identified for corrective action and subject to a sanction to
apply for a one-year, nonrenewable grant of federal improvement
funding to assist in its improvement process. The Public Schools
Accountability Act specifies the grant amount for each eligible local
educational agency based on the severity of the agency's performance
problems.
This bill would delete those requirements and increase the
specified amounts for the one-year, nonrenewable grant. The bill
would require the Superintendent of Public Instruction and the State
Board of Education to consider whether the local educational agency
received funding pursuant to (2) below when determining whether the
local educational agency shall contract with a district assistance
and intervention team or other technical assistance provider. For the
2009-10 fiscal year only, the bill would require that a local
educational agency that received a sanction prior to January 1,
2009 2010 , and received a one-year,
nonrenewable grant be provided with an additional one-time,
nonrenewable grant of federal improvement funding, as specified.
(2) This bill would authorize a local educational agency that
is not in corrective action and has schools under its
jurisdiction in year 4 or 5 and beyond of program
improvement under the federal No Child Left Behind Act to apply for a
one-year, nonrenewable grant of federal improvement funding in the
amount of $150,000 to assist in improving those schools and would
authorize the agency to expend the grant funding over the time period
allowable under federal law. As a condition of receiving funding,
the bill would require a local educational agency to comply with
specified requirements, including providing schools in year
four 4 or five 5 and
beyond of program improvement with funding to implement
technical assistance, establishing a district school liaison team,
ensuring that all pupils enrolled in a school in year four
4 or five 5 and beyond
of program improvement continue to have the option to transfer
to another public school served by the local educational agency, and
ensuring that all pupils enrolled in a school in year four
4 or five 5 and beyond
of program improvement continue to have supplemental
educational services available to them. In allocating those funds,
the bill would require the department to give first priority to
schools in year 5 and beyond of program improvement under
federal law. Educational agencies that receive
funding must allocate a minimum of 85% of the grant to improve
academic achievement of pupils, and may allocate 15% for technical
assistance activities that benefit all program improvement schools,
as specified. The bill would require local educational agencies that
receive funds to provide annual evaluation reports containing
specified data to the Superintendent. These provisions would
become operative only if an appropriation is made for other purposes
in the annual Budget Act or another statute.
(3) This bill also would make conforming changes.
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 52055.57 of the Education Code is amended to
read:
52055.57. (a) Provisions that are applicable to local educational
agencies under this section are for the purpose of implementing
federal requirements under the federal No Child Left Behind Act of
2001 (20 U.S.C. Sec. 6301 et seq.). The satisfaction of these
criteria by local educational agencies that choose to participate
under this article shall be a condition of receiving funds pursuant
to this section.
(b) A local educational agency that has been identified for
corrective action under the federal No Child Left Behind Act of 2001
shall be subject to one or more of the following sanctions as
recommended by the Superintendent and approved by the state board:
(1) Replacing local educational agency personnel who are relevant
to the failure to make adequate yearly progress.
(2) Removing schools from the jurisdiction of the local
educational agency and establishing alternative arrangements for the
governance and supervision of those schools.
(3) Appointing, by the state board, a receiver or trustee, to
administer the affairs of the local educational agency in place of
the county superintendent of schools and the governing board.
(4) Abolishing or restructuring the local educational agency.
(5) Authorizing pupils to transfer from a school operated by the
local educational agency to a higher performing school operated by
another local educational agency, and providing those pupils with
transportation to those schools, in conjunction with carrying out not
less than one additional action described under this paragraph.
(6) Instituting and fully implementing a new curriculum that is
based on state academic content and achievement standards, including
providing appropriate professional development based on
scientifically based research for all relevant staff, that offers
substantial promise of improving educational achievement for
high-priority pupils.
(7) Deferring programmatic funds or reducing administrative funds.
(c) (1) The department shall develop, and the state board shall
approve at a public meeting, objective criteria by which a local
educational agency identified for corrective action and subject to a
sanction listed under subdivision (b) shall be evaluated to determine
the pervasiveness and severity of its performance problems and the
sanction to be imposed.
(2) A local educational agency identified for corrective action
and subject to a sanction listed under subdivision (b) may apply for
a one-year, nonrenewable grant of federal improvement funding to
assist in its improvement process, including improving the academic
achievement of schools under its jurisdiction identified for program
improvement pursuant to federal law. A local educational agency may
expend that grant funding over the time period allowable under
federal law. It is the intent of the Legislature to integrate federal
funding that is available for this purpose, including, but not
limited to, funding for program improvement and school improvement
grants pursuant to Section 6303 of Title 20 of the United States
Code.
(3) The amount of a grant for a local educational agency with
extensive and severe performance problems shall be two hundred
thousand dollars ($200,000) per school identified for program
improvement pursuant to federal law. The amount of a grant for a
local educational agency with moderate performance problems shall be
one hundred fifty thousand dollars ($150,000) per school identified
for program improvement pursuant to federal law. The amount of a
grant for a local educational agency with minor or isolated
performance problems shall be one hundred thousand dollars ($100,000)
per school identified for program improvement pursuant to federal
law.
(4) (A) A local educational agency that receives funding under
this subdivision shall use the funds in accordance with Section 6316
(b) and (c) of Title 20 of the United States Code. Pursuant to the
technical assistance requirements under the federal No Child Left
Behind Act of 2001 outlined in Section 6312(b) and (c) and Section
6317 of Title 20 of the United States Code, the Superintendent may
recommend, and the state board may approve, that a local educational
agency contract with a district assistance and intervention team or
other technical assistance provider to receive guidance, support, and
technical assistance in improving the academic achievement of
schools under its jurisdiction, with a focus on schools identified
for program improvement pursuant to federal law. A district
intervention and assistance team or other technical provider with
which a local educational agency is required to contract shall
perform the duties specified in subdivision (e) of Section 52059.
(B) The Superintendent and the state board shall consider
shall consider in making recommendations to the state
board pursuant to subdivision (b) whether the local
educational agency received funding pursuant to Section 52055.575
when determining whether the local educational agency shall contract
with a district assistance and intervention team or other technical
assistance provider pursuant to this paragraph. When determining
a sanction for a local educational agency pursuant to subdivision
(b), the state board shall consider whether the local educational
agency received funding pursuant to Section 52055.575.
(5) Notwithstanding any other law, a local educational agency that
receives funding under this subdivision or that receives other
federal funds for school improvement shall not use those funds to
compensate a receiver or trustee assigned by the state board pursuant
to paragraph (3) of subdivision (b).
(d) A local educational agency that has received a sanction under
subdivision (b) and has not exited program improvement under the
federal No Child Left Behind Act of 2001 shall appear before the
state board within three years to review the progress of the local
educational agency. Upon hearing testimony and reviewing written data
from the local educational agency, the district assistance and
intervention team, or county superintendent of schools, the
Superintendent shall recommend, and the state board may approve, an
alternative sanction under subdivision (b), or may take any
appropriate action.
(e) For the 2009-10 fiscal year only, a local educational agency
that received a sanction pursuant to subdivision (b) prior to January
1, 2009 2010 , and received funding
pursuant to paragraph (2) of subdivision (c) shall be provided with
an additional one-time, nonrenewable grant of federal improvement
funding to assist in its improvement process and may expend that
grant funding over the time period allowable under federal law. The
Superintendent shall recommend, and the state board shall approve, a
grant amount equal to the difference between the amount the local
educational agency received for the sanction that the state board
approved prior to January 1, 2009 2010
, and the grant amounts specified in paragraph (2) of subdivision
(c).
(f) As a condition of receiving funding pursuant to this section,
local educational agencies shall provide annual reports of evaluation
data requested by the Superintendent. The evaluation reports, at a
minimum, shall include the following:
(1) The total number and percentage of students who are proficient
in reading/language arts and mathematics in each school, and whether
that number and percentage increased from the prior year.
(2) The number of schools in the local educational agency that
make adequate yearly progress, and the number of schools that exit
program improvement status.
(3) Evidence that the local educational agency and its schools
used data to make decisions about the use of this funding and created
a system of continuous feedback and improvement.
(4) Evidence indicating those school improvement strategies that
were effective in contributing to increased student achievement and
schools making adequate yearly progress and exiting improvement.
(f)
(g) For purposes of this article, "local educational
agency" means a school district, county office of education, or
charter school that elects to receive its funding directly pursuant
to Section 47651, and that provides public educational services to
pupils in kindergarten or any of grades 1 to 12, inclusive.
SEC. 2. Section 52055.575 is added to the Education Code, to read:
52055.575. (a) A local educational agency that is not in
corrective action and that has schools under its jurisdiction
in year four or five and beyond of program improvement
under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec.
6301 et seq.) may apply for a one-year, nonrenewable grant of federal
improvement funding to assist in improving those schools and may
expend the grant funding over the time period allowable under federal
law. In utilizing funds provided to schools in this paragraph, a
local educational agency may contract with an outside entity on
behalf of schools in year four or five and beyond of
program improvement, including, but not limited to, a schoolsite
assistance and intervention team as defined in subparagraph (b) of
Section 52055.51 to assist with the assessment of the schoolsite
plan. If a local educational agency contracts with a schoolsite
assistance and intervention team pursuant to this section, the local
educational agency must choose a schoolsite assistance and
intervention team on the approved list established pursuant to
subdivision (c) of Section 52055.51.
(b) As a condition of receiving funding, a local educational
agency shall do all of the following:
(1) Provide schools in year four or five and beyond of
program improvement under the federal No Child Left Behind Act of
2001 with funding to implement technical assistance pursuant to the
federal No Child Left Behind Act of 2001 outlined in Section 6312(b)
and (c) and Section 6317 of Title 20 of the United States Code to
improve academic achievement, with focus on significant subgroups.
This funding shall be used to assess the current schoolsite plan for
academic achievement to identify any deficiencies that exist within
the operations of the schoolsite, and the programs and services of
the schoolsite, including the use of existing funds at the
schoolsite. As part of this process, schoolsites shall include the
district liaison team established pursuant to paragraph (2) and
school staff, including, but not limited to, teachers and
administrators.
(A) The assessment of the schoolsite plan shall use materials and
criteria based on current research and existing tools recommended by
the department.
(B) The assessment of the schoolsite plan shall include
recommendations on addressing deficiencies in academic achievement,
with focus on significant subgroups. The assessment shall include a
detailed description of how existing state and federal schoolsite and
school district resources will be used to implement improvements in
academic achievement with a focus on significant subgroups.
For year five program improvement schools, the The
assessment shall include specific recommendations to implement
restructuring requirements pursuant to Section 6316(b)(8) of Title 20
of the United States Code. The assessment shall also include a
description of the parent involvement practices used by
the schoolsite pursuant to the No Child Left Behind Act of 2001 (20
U.S.C. 6301 et seq.) and Chapter 16 (commencing with Section 11500).
(C) No later than 60 days after the local educational agency
receives funding pursuant to subdivision (c), schools in program
improvement year four or five and beyond shall complete
the assessment of the schoolsite plan and submit it to its
governing board and the department.
(D) No later than 90 days after the local education agency
receives funding pursuant to subdivision (c), the governing board of
the local education educational agency
shall approve the assessment and its recommendations at a regularly
scheduled public meeting.
(2) Establish a district school liaison team to coordinate with
schools in year four or five and beyond of program
improvement under the federal No Child Left Behind Act of 2001 to
improve academic achievement at each school, with focus on
significant subgroups. The district liaison team shall work with
schoolsite staff, including, but not limited, to
limited to, teachers and administrators, to reexamine
current schoolsite conditions and efforts to improve school
performance, including its schoolsite plan for academic
achievement pursuant to paragraph (1) to increase its
effectiveness . The district liaison team shall ensure the
assessment conducted by a school in year four or five and beyond
of program improvement is consistent with the local
educational agency plan required under Section 6312 of Title 20 of
the United States Code.
(3) Ensure that all eligible pupils enrolled in a
school in year four or five and beyond of program
improvement under the federal No Child Left Behind Act of 2001
continue to have the option to transfer to another public school
served by the local educational agency pursuant to Section 6316(b)(1)
(E) of Title 20 of the United States Code.
(4) Ensure that all eligible pupils enrolled in a
school in year four or five and beyond of program
improvement under the federal No Child Left Behind Act of 2001
continue to have supplemental educational services available to them
pursuant to Section 6316(e)(1) of Title 20 of the United States Code.
(c) Subject to the availability of funds in the annual Budget Act
for this purpose, the amount of a grant for a local educational
agency with schools in year four or five and beyond
program improvement and that has not received funding under
subdivisi on (c) of Section 52055.57, shall be one
hundred fifty thousand dollars ($150,000) per school identified in
year four or five and beyond schools in program
improvement pursuant to federal law. In allocating these funds, the
department shall give first priority to schools in year five and
beyond of program improvement under federal law.
(1) A local educational agency that receives funding under this
subdivision shall ensure that a minimum of 85 percent of their total
one-time grant amount received pursuant to this section is utilized
for technical assistance activities to improve the academic
achievement of pupils at schools under their jurisdiction in year
four and five and beyond of program improvement pursuant to federal
law.
(2) A local educational agency that receives funding under this
subdivision may utilize 15 percent of their total one-time grant
amount for technical assistance activities that benefit all program
improvement schools under their jurisdiction pursuant to federal law
and that meet the requirements of this section.
(d) A local educational agency may provide funds allocated
pursuant to subdivision (c) to schools in year four or five and
beyond of program improvement to implement the recommendations
of the assessment pursuant to paragraph (1) of subdivision (b). A
local educational agency that receives funding under this subdivision
shall use the funds in accordance with Section 6303 of Title 20 of
the United States Code.
(e) Schools that receive funds pursuant to subdivision (d) may
provide the following:
(1) Assistance to schoolsite staff in analyzing pupil assessment
data to improve academic achievement, with focus on significant
subgroups.
(2) Professional development that is based on scientifically based
research, the state-adopted academic content standards, and
addresses the instructional needs of pupils, with focus on English
language learners and pupils with special needs.
(f) As a condition of receiving funding pursuant to this section,
local educational agencies shall provide annual reports of evaluation
data requested by the Superintendent. The evaluation reports, at a
minimum, shall include the following:
(1) The total number and percentage of students who are proficient
in reading/language arts and mathematics in each school, and whether
that number and percentage increased from the prior year.
(2) The number of schools in the local educational agency that
make adequate yearly progress, and the number of schools that exit
program improvement status.
(3) Evidence that the local educational agency and its schools
used data to make decisions about the use of this funding and created
a system of continuous feedback and improvement.
(4) Evidence indicating those school improvement strategies that
were effective in contributing to increased student achievement and
schools making adequate yearly progress and exiting improvement.
(f)
(g) For purposes of this article, "local educational
agency" means a school district, county office of education, or
charter school that elects to receive its funding directly pursuant
to Section 47651, and that provides public educational services to
pupils in kindergarten or any of grades 1 to 12, inclusive.
(g)
(h) This section shall become operative only if an
appropriation is made for its purposes in the annual Budget Act or
another statute.
SEC. 3. Section 52059 of the Education Code is amended to read:
52059. (a) For purposes of complying with the federal No Child
Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), a statewide
system of school support shall be established by the department to
provide a statewide system of intensive and sustained support and
technical assistance for school districts, county offices of
education, and schools in need of improvement. The system shall
consist of regional consortia as well as district assistance and
intervention teams and other technical assistance providers.
(b) The regional consortia shall work collaboratively with, and
provide technical assistance to, school districts and schools in need
of improvement by doing the following:
(1) Reviewing and analyzing all facets of the operation of a local
educational agency or school, including the following:
(A) The design and operation of the instructional program offered
by the local educational agency or school.
(B) The recruitment, hiring, and retention of principals,
teachers, and other staff, including vacancy issues. The regional
consortia may request the assistance of the Fiscal Crisis and
Management Assistance Team to review school district or school
recruitment, hiring, and retention practices.
(C) The roles and responsibilities of district and school
management personnel.
(2) Assisting the local educational agency or school in developing
recommendations for improving pupil performance and school
operations.
(3) Assisting the local educational agency or school in efforts to
eliminate misassignments of certificated personnel.
(c) For purposes of performing the functions specified in
subdivision (b), funds for the regional consortia shall be
distributed based on the number of Title I schools, the pupil
enrollment in those schools, and the number of school districts in
each region that have been identified as being in need of improvement
pursuant to Section 6316 of Title 20 of the United States Code.
(d) The regional consortia shall ensure that support is provided
in the following order of priority:
(1) To school districts or county offices of education with
schools that are subject to corrective action under Section 6316(b)
(7) of Title 20 of the United States Code and have not received
funding pursuant to subdivision (b) of Section 52055.57 or Section
52055.575 .
(2) To school districts or county offices of education with
schools that are identified as being in need of improvement pursuant
to Section 6316(b) of Title 20 of the United States Code.
(3) To provide support and assistance to school districts and
county offices of education with schools participating under the
federal No Child Left Behind Act of 2001 that need support and
assistance to achieve the purposes of that act.
(4) To provide support and assistance to other school districts
and county offices of education with schools participating in a
program carried out under this chapter.
(e) In accordance with paragraph (4) of subdivision (d) of Section
52055.57, the Superintendent may recommend, and the state board may
approve, that a local educational agency that has been identified for
corrective action under the federal No Child Left Behind Act of 2001
contract with a district assistance and intervention team or other
technical assistance provider to receive technical assistance,
including, but not limited to, a needs assessment of the local
educational agency in order to improve the academic achievement of
schools under its jurisdiction identified for program improvement
pursuant to federal law.
(1) The Superintendent shall develop, and the state board shall
approve, standards and criteria to be applied by a district
assistance and intervention team or other technical assistance
provider in carrying out its duties. The standards and criteria that
a district assistance and intervention team or other technical
assistance provider shall use in assessing a local educational agency
shall address, at a minimum, all of the following areas:
(A) Governance.
(B) Alignment of curriculum, instruction, and assessments to state
standards.
(C) Fiscal operations.
(D) Parent and community involvement.
(E) Human resources.
(F) Data systems and achievement monitoring.
(G) Professional development.
(2) Not later than 120 days after the assignment of a district
assistance and intervention team or other technical assistance
provider, or the next regularly scheduled meeting of the state board
following the expiration of the 120 days, the team shall complete a
report based on the findings from the needs assessment performed
pursuant to paragraph (1). The report shall include, at a minimum,
recommendations for improving the areas specified in paragraph (1)
that are found to need improvement. The report also shall address the
manner in which existing resources should be redirected to ensure
that the recommendations can be implemented.
(3) Not later than 30 days after completion of the report
specified in paragraph (2), the governing board of the local
educational agency may submit an appeal to the Superintendent to be
exempted from implementing one or more of the recommendations made in
the report. The Superintendent, with approval of the state board,
may exempt the local educational agency from complying with one or
more of the recommendations made in the report.
(4) Not later than 60 days after completion of the report, the
governing board of the local educational agency shall adopt the
report recommendations described in paragraph (2), as modified by any
exemptions granted by the Superintendent under paragraph (3), at a
regularly scheduled meeting of the governing board.
(f) A local educational agency that is required to contract with a
district assistance and intervention team or other technical
assistance provider pursuant to this section shall reserve funding
provided under subdivision (d) of Section 52055.57 to cover the
entire cost of the team or other technical assistance provider before
using that funding for other reform activities.
(g) Upon an evidence-based finding that a district assistance and
intervention team or other technical assistance provider has not
fulfilled its legal obligations pursuant to this section, the
Superintendent, with the approval of the state board, may remove the
district assistance and intervention team or other technical
assistance provider from the state list of eligible providers.
(h) The provisions of this section are declarative of technical
assistance requirements under the federal No Child Left Behind Act of
2001 outlined in Section 6316(b) and (c) and Section 6317(a) of
Title 20 of the United States Code.
(i) For purposes of this article, all references to schools shall
include charter schools.