BILL NUMBER: AB 518 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Mendoza
FEBRUARY 24, 2009
An act to amend Sections 52055.51 and 52055.57 of the Education
Code, relating to public school accountability.
LEGISLATIVE COUNSEL'S DIGEST
AB 518, as introduced, Mendoza. Public School Performance
Accountability Program.
(1) Existing law establishes the Immediate
Intervention/Underperforming Schools Program, a part of the Public
Schools Performance Accountability Program, for schools that have not
met adequate yearly progress and Academic Performance Index (API)
growth targets, as established by the State Board of Education.
Existing law requires the Superintendent of Public Instruction to
take certain actions when a school does not meet those targets, and
also authorizes the Superintendent to require a school district to
enter into a contract with a school assistance and intervention team.
This bill would require that the members of a school assistance
and intervention team, that contracts with a school district in which
one or more numerically significant pupil subgroups, as defined, did
not meet those targets, possess specified certification and
experience in meeting the needs of those pupil subgroups, and to use
procedures and tools developed specifically for those pupil
subgroups.
(2) Existing law requires the school assistance and intervention
team to complete a report that includes recommendations for
corrective actions, as specified.
This bill would require the school assistance and intervention
team, in developing recommendations for corrective actions, to ensure
that pupils have access to all core subjects, to ensure parental
involvement, and to include additional recommendations if alternative
programs are the reason for program improvement status.
(3) Existing law requires a local educational agency identified as
a program improvement local educational agency under the federal No
Child Left Behind Act of 2001 to take a self-assessment provided by
the department.
This bill would require, if a local educational agency is
identified as a program improvement local educational agency because
of the failure of one or more pupil subgroups to meet adequate yearly
progress and API growth targets, that the State Department of
Education provide self-assessment materials and criteria specifically
for language and content instruction. The bill would require
recommendations resulting from the self-assessment to ensure that
pupils have access to all core subjects and to ensure parental
involvement, and would also require the school and district
assistance and intervention teams to provide specified
recommendations if alternative programs are the reason for program
improvement status.
The bill would require that the members of a district assistance
and intervention team, contracting with a local educational agency
identified as a program improvement local educational agency in which
one or more pupil subgroups did not meet adequate yearly progress
and API growth targets, possess specified certification and
experience in meeting the curriculum and instructional needs of the
pupil subgroups, as specified.
The bill would require the Superintendent of Public Instruction to
include certain elements within the standards and criteria to be
applied by a district assistance and intervention team, no later than
January 31, 2011.
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 52055.51 of the Education Code is amended to
read:
52055.51. (a) Instead of the actions specified in subdivision (b)
of Section 52055.5, and notwithstanding any other law, the
Superintendent, with the approval of the state board, may require the
school district to enter into a contract with a school assistance
and intervention team no later than 30 days after the public release
of the school's growth in API results , or the next
regularly scheduled meeting of the State Board of Education
state board following the expiration of the 30
days if meeting the 30-day time limit would not provide the
State Board of Education state board with
sufficient time to comply with the requirements of the Bagley-Keene
Open Meeting Act (Article 9 (commencing with Section 11120) of
Chapter 1 of Division 3 of Title 2 of the Government Code). If the
State Board of Education state board
approves, the governing board of the school district may retain its
legal rights, duties, and responsibilities with respect to that
school.
(b) (1) School assistance and intervention
team members should possess a high degree of knowledge and skills in
the areas of school leadership, curriculum, and
instruction aligned to state academic content and performance
standards, classroom management and discipline, academic assessment,
parent-school relations, and evaluation and research based reform
strategies and have proven successful expertise specific to the
challenges inherent in state-monitored schools.
(2) A school assistance and intervention team contracting with a
school in which one or more numerically significant pupil subgroups,
as described in paragraphs (2) and (3) of subdivision (a) of Section
52052, did not meet adequate yearly progress or API growth targets
shall include members who possess a high degree of knowledge, skills,
and expertise in meeting the curriculum and instructional needs of
the pupil subgroups including, but not limited to, knowledge, skills,
and expertise specific to first- and second-language English
acquisition, English development, and instructional strategies
specific to the pupil subgroup.
(3) For purposes of paragraph (2), a "high degree of knowledge,
skills, and expertise" means a certification or advanced degree
relating to the pupil subparagraph described in paragraph (2) of
subdivision (a) of Section 52052, and either of the following:
(A) At least five years of experience working directly with pupil
subgroups.
(B) Experience as a provider of professional development,
demonstrated through having written or published articles on
instruction and programs for pupil subgroups.
(c) The Once every two years, the
Superintendent shall , once every two years,
establish a list of approved school assistance and intervention teams
with which a school district may contract. The list shall be based
on criteria recommended by the Superintendent and adopted by the
state board. After the two-year approval period expires, a team may
reapply for approval by demonstrating the effectiveness of the
team's work of the team in state-monitored
schools.
(d) (1) A school assistance and intervention
team shall provide intensive support and expertise to implement the
school reform initiatives in the plan. Decisions about interventions
shall be data driven. A school assistance and intervention team shall
work with school staff, site planning teams, administrators, and
school district staff to improve pupil literacy and achievement by
assessing the degree of implementation of the current action plan,
refining and revising the action plan, and making recommendations to
maximize the use of fiscal resources and personnel in achieving the
plan goals of the plan . The
(2) The school district shall
provide support and assistance to enhance the team's work
of the team at the targeted schoolsites. A
school assistance and intervention team providing support and
expertise to schools in which one or more of the numerically
significant pupil subgroups have failed to meet the adequate yearly
progress and API growth targets shall use procedures and tools
developed specifically for the improvement of language and content
instruction for those pupil subgroups. Priority shall be given to
using existing tools that are appropriate for these pupil subgroups.
(e) Not later than 60 days after the assignment of a school
assistance and intervention team, the team shall complete a report.
The report shall include recommendations for corrective actions
chosen from a range of interventions, including the reallocation of
school district fiscal resources to ensure that appropriate resources
are targeted to those target the
specific interventions identified in the team's
recommendations of the team for the targeted
schools , and other changes deemed appropriate to make
progress toward meeting the school's growth target
of the school . In developing recommendations
for corrective actions, a school assistance and intervention team
shall ensure that pupils have access to all core subjects including,
but not limited to, reading, language arts, and mathematics. A school
assistance and intervention team also shall ensure parental
involvement pursuant to the federal No Child Left Behind Act of 2001
(20 U.S.C. Sec. 6301 et seq.) and Chapter 16 (commencing with Section
11500) of Part 7 of Division 7 of Title 1. If alternative programs
are the reason for program involvement status, the school assistance
and intervention teams and district assistance and intervention teams
shall provide recommendations to improve these programs and move the
school or district out of program improvement.
(f) Not later than 90 days after assignment of the school
assistance and intervention team, the governing board of the school
district shall adopt the team's initial recommendations
of the team at a regularly scheduled meeting of
the governing board. A subsequent recommendation proposed by the
school assistance and intervention team shall be submitted to the
governing board and shall be adopted by the governing board within 30
days of the submission. The governing board may
shall not place the adoption on the consent calendar. A
recommendation adopted by the governing board shall be submitted to
the Superintendent and the state board.
(g) Following the adoption of the recommendation by the governing
board, the governing board may submit an appeal to the Superintendent
for relief from one or more of the recommendations. The
Superintendent, with approval of the state board, may grant relief
from compliance with a recommendation of the school
assistance and intervention team .
(h) If a school assistance and intervention team does not fulfill
its legal obligations under this section, the
governing board of the school district may seek permission from the
Superintendent, with the approval of the state board, to contract
with a different school assistance and intervention team. Upon a
finding that the school assistance and intervention team has not
fulfilled its legal obligations under this
section, the Superintendent, with the approval of the state board,
may remove the school assistance and intervention team from the
state list of eligible
approved providers.
(i) No less than three times during the year, the school district
and schoolsite shall present the team with data regarding progress
toward the goals established by the initial assessment of the team.
The data shall be presented to the governing board of the school
district at a regularly scheduled meeting. The team shall, to the
extent possible, utilize existing site data. The data shall
also shall be provided to the Superintendent and
the state board. Every effort shall be made to report this data in a
manner that minimizes the length and complexity of the reporting
requirement in order to maximize the focus on improving pupil
literacy and achievement.
(j) An action taken pursuant to this section may not increase
local costs or require reimbursement as determined by the Commission
on State Mandates.
SEC. 2. Section 52055.57 of the Education Code is amended to read:
52055.57. (a) (1) 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.
(2) The department shall identify local educational agencies that
are in danger of being identified within two years as program
improvement local educational agencies under the federal No Child
Left Behind Act of 2001, and shall 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.
(3) The self-assessment shall identify deficiencies within the
operations of the local educational agency, and the programs and
services of the local educational agency.
(4) A local educational agency identified pursuant to paragraph
(2) is encouraged to revise its local educational agency plan based
on the results of the self-assessment.
(5) The program described in this subdivision shall be referred to
as the "Early Warning Program."
(b) (1) A local educational agency identified as a program
improvement local educational agency under the federal No Child Left
Behind Act of 2001 shall do all of the following:
(A) Conduct a self-assessment using materials and criteria based
on current research that is developed, used, and provided
by the department . If the local educational agency's status as
a program improvement school resulted from the failure of one or more
pupil subgroups to meet adequate yearly progress and API growth
targets, the department shall provide self-assessment materials and
criteria specifically for language and content instruction.
Procedures and tools specifically for the improvement of language and
content instruction for those pupil subgroups shall be developed,
used, and provided by the department. Priority shall be given to
using existing tools that are appropriate for these pupil subgroups
.
(B) No later than 90 days after a local educational agency is
identified for program improvement, contract with a county office of
education or another external entity after working with the county
superintendent of schools, for both of the following purposes:
(i) Verifying the fundamental teaching and learning needs in the
schools of that local educational agency as determined by the local
educational agency self-analysis, and identifying the specific
academic problems of low-achieving pupils, including a determination
of why the prior plan of the local educational agency failed to bring
about increased pupil academic achievement.
(ii) Ensuring that the local educational agency receives intensive
support and expertise to implement local educational agency reform
initiatives in the revised local educational agency plan as required
by the federal No Child Left Behind Act of 2001.
(C) Revise and expeditiously implement the local educational
agency plan to reflect the findings of the verified self-assessment.
Recommendations resulting from the self-assessment described in
subparagraphs (A) and (B) shall ensure that pupils have a
ccess to all core subjects, including, but not limited to, reading,
language arts, and mathematics. Recommendations also shall ensure
parental involvement pursuant to the federal No Child Left Behind Act
of 2001 and Chapter 16 (commencing with Section 11500) of Part 7 of
Division 7 of Title 1. If alternative programs are the reason for
program improvement status, the school and district assistance and
intervention teams shall provide recommendations to improve these
programs and move the school or district out of program improvement.
(D) After working with the county superintendent of schools or an
external verifier, contract with an external provider to provide
support and implement recommendations to assist the local educational
agency in resolving shortcomings identified in the verified
self-assessment.
(2) (A) Subject to the availability of funds in the annual Budget
Act for this purpose, a local educational agency described in
paragraph (1) annually may receive fifty thousand dollars ($50,000),
plus ten thousand dollars ($10,000) for each school that is supported
by federal funds pursuant to Title I of the federal No Child Left
Behind Act of 2001 within the local educational agency, for the
purpose of fulfilling the requirements of this subdivision. If
funding is not provided in the annual Budget Act or other statute,
local educational agencies shall not be subject to the requirements
of subparagraphs (B) and (D) of paragraph (1).
(B) Subject to the availability of funds appropriated in the
annual Budget Act for this purpose, a local educational agency
identified as a program improvement local educational agency during
the 2005-06 fiscal year, shall receive priority for funding based
upon the performance of the socioeconomically disadvantaged subgroup
of the local educational agency on the Academic Performance Index.
Priority for funding shall be provided to the lowest performing local
educational agencies that are identified as program improvement
local educational agencies. It is the intent of the Legislature that
funds apportioned pursuant to this paragraph be used to support
activities identified in paragraph (1).
(C) It is the intent of the Legislature that a local educational
agency identified as a program improvement local educational agency
receive no more than two years of funding pursuant to this paragraph.
(c) 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.
(d) (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 (c) 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 (c) may apply for
a one-year, 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. 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 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 moderate performance problems shall be
one hundred thousand dollars ($100,000) 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 fifty thousand dollars ($50,000) per school
identified for program improvement pursuant to federal law.
(4) 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. 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.
(5) (A) 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 (c).
(B) A district assistance and intervention team contracting with a
local educational agency pursuant to this section in which one or
more pupil subgroups as described in paragraphs (2) and (3) of
subdivision (a) of Section 52052 did not meet adequate yearly
progress and API targets shall include members who possess a high
degree of knowledge, skills, and expertise in meeting the curriculum
and instructional needs of the pupil subgroups including, but not
limited to, knowledge, skills, and expertise specific to first- and
second-language English acquisition, English development, and
instructional strategies specific to the pupil subgroup.
(C) For members of a district assistance and intervention team, a
"high degree of knowledge" means possessing certification or an
advanced degree relating to pupil subgroups described in paragraph
(2) of subdivision (a) of Section 52052, and either of the following:
(i) At least five years of experience working directly with pupil
subgroups.
(ii) Experience as a provider of professional development,
demonstrated through having written or published articles on
instruction and programs for pupil subgroups.
(e) A local educational agency that has received a sanction under
subdivision (c) 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 (c), or may take any
appropriate action.
(f) Subject to the availability of funds in the annual Budget Act
for this purpose, a local educational agency that is not identified
as a program improvement local educational agency under the federal
No Child Left Behind Act of 2001 may annually receive up to fifteen
thousand dollars ($15,000) per school identified as a program
improvement school for the purposes of supporting schools identified
as program improvement schools in the local educational agency and
determining barriers to improved pupil academic achievement. That
local educational agency shall receive no less than forty thousand
dollars ($40,000) and no more than one million five hundred thousand
dollars ($1,500,000) for those purposes. The Superintendent shall
compile a list that ranks each local educational agency based on the
number of, and percentage of, schools identified as program
improvement schools and shall provide this funding to local
educational agencies equally from each list until all funds
appropriated for this purpose are depleted. These funds shall be
provided for no more than three years.
(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.
(h) Not later than January 31, 2011, the Superintendent shall
include all of the following within the standards and criteria to be
applied by a district assistance and intervention team in carrying
out its duties:
(1) Governance.
(2) Alignment of curriculum, instruction, and assessments to state
standards.
(3) Human resources.
(4) Data systems and achievement monitoring.
(5) Professional development.
(6) Parental involvement pursuant to the federal No Child Left
Behind Act of 2001.
(7) Community involvement.
(8) Access to core subjects, including, but not limited to,
reading, language arts, and mathematics. If alternative programs are
the reason for program improvement status, the school assistance and
intervention teams and district assistance and intervention teams
shall provide recommendations to improve these programs and move the
school or school district out of program improvement.