BILL NUMBER: SBX5 1 AMENDED
BILL TEXT
AMENDED IN SENATE NOVEMBER 3, 2009
AMENDED IN SENATE NOVEMBER 3, 2009
AMENDED IN SENATE OCTOBER 29, 2009
INTRODUCED BY Senators Romero, Huff, Alquist, and Wyland
AUGUST 27, 2009
An act to amend Sections 10601.5, 10804, 47602, and 60900 of, to
add Section 47604.7 to, to add Article 10 (commencing with Section
48350) to Chapter 2 of Part 27 of Division 4 of Title 2 of, and to
add Article 5 (commencing with Section 52065) to Chapter 6.1 of Part
28 of Division 4 of Title 2 of, the Education Code, relating to
public schools , and declaring the urgency thereof, to take
effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
SB 1, as amended, Romero. Public schools.
(1) Existing law establishes the California Education Information
System, which consists of the California Longitudinal Pupil
Achievement Data System (CALPADS) and the California Longitudinal
Teacher Integrated Data Education System (CALTIDES). Existing law
prohibits data in CALTIDES from being used, either solely or in
conjunction with data from CALPADS, for purposes of pay, promotion,
sanction, or personnel evaluation of an individual teacher or groups
of teachers, or any other employment decisions related to individual
teachers.
This bill would delete this prohibition and instead would
authorize data in the California Education Information System to be
used for purposes of evaluating teachers and administrators and
making employment decisions relating to teachers, subject to
specified provisions governing collective bargaining agreements. The
bill additionally would require CALTIDES to include teacher
performance data required under federal law. The bill would specify
that data in the California Education Information System shall not be
used in violation of federal and state laws that protect an
individual's right to privacy or the confidentiality of personal
information.
(2) Existing law requires the State Chief Information Officer to
convene a working group representing specified entities to create a
strategic plan to link education data systems and to accomplish
specified objectives relating to the accessibility of education data.
The State Chief Information Officer is required to deliver this
strategic plan to the Legislature and the Governor no later than
September 1, 2009.
This bill would require interagency agreements relating to
education data to be included in the plan, and would change the date
the plan is required to be delivered to the Legislature and the
Governor to January 15, 2010, or the effective date of the bill,
whichever is later. The bill would authorize this provision to be
implemented using specified federal grant funds.
(3) The Charter Schools Act of 1992 authorizes any one or more
persons to submit a petition to the governing board of a school
district to establish a charter school that operates independently
from the existing school district structure as a method of
accomplishing specified goals. The act further limits the maximum
number of charter schools authorized to operate in the state each
year, as specified.
This bill, commencing with the 2009-10 school year, would delete
the limitation on the number of charter schools authorized to operate
in the state, and would make other conforming changes.
The bill would require the Superintendent of Public Instruction to
convene a working group consisting of specified members to make
findings and recommendations to the Legislature and the Governor on
certain matters relating to charter schools, including the adequacy
of existing processes for authorizing, renewing, revoking or not
renewing charter schools, and the extent to which charter schools
receive equitable funding compared to traditional public schools. The
bill would require the working group to submit recommendations to
the Assembly and Senate Committees on Education and the Governor on
or before December 1, 2010.
(4) Existing law requires each person between the ages of 6 and 18
years not otherwise exempted to attend the public full-time day
school or continuation school or classes in the school district in
which his or her parent or guardian is a resident. Existing law
authorizes 2 school districts to enter into an agreement that allows
pupils to transfer between the 2 districts.
This bill would enact the Open Enrollment Act to enable pupils
residing in the state to attend public schools in school districts
other than their school district of residence, as defined. The bill
would authorize the parent or guardian of a pupil enrolled in a
low-performing school, as defined, to submit an application for the
pupil to attend a school in a school district of enrollment, as
defined. The bill would authorize a school district of enrollment to
adopt specific, written standards for acceptance and rejection of
applications for enrollment, subject to specified conditions and a
specified priority scheme for applicants. Within 60 days of receiving
an application for enrollment, the bill would require a school
district of enrollment to notify the applicant parent or guardian and
the resident school district in writing whether the application has
been accepted or rejected and, if an application is rejected, state
in the notification the reasons for the rejection. The bill would
require the State Board of Education to adopt emergency regulations
to implement these provisions.
By requiring school districts to perform additional duties
regarding the potential enrollment of nonresident pupils, this bill
would impose a state-mandated local program.
(5) The Public Schools Accountability Act of 1999 requires the
Superintendent, with approval of the state board, to develop the
Academic Performance Index (API), consisting of a variety of
indicators, to be used to measure the performance of schools.
Existing law requires the Superintendent to develop, and the state
board to adopt, expected annual percentage growth targets for all
schools based on their API baseline score and prescribes a minimum
percentage growth target of 5% annually. The act also establishes the
Immediate Intervention/Underperforming Schools Program (IIUSP).
Schools that score below the 50th percentile on certain achievement
tests are invited to participate in the program and are provided
program funding. Twenty-four months after receiving IIUSP funding, a
school that fails to meet its growth targets each year, but
demonstrates significant growth, as determined by the state board,
continues to participate in the program for an additional year and to
receive funding. If a school fails to meet its growth targets each
year and does not demonstrate significant growth, it is deemed a
state-monitored school and the Superintendent is required to take
specified actions with regard to the school.
Federal law, the federal Elementary and Secondary Education Act,
requires that a school district provide certain notifications to
parents and employees. Federal law also requires at least one
alternative governance arrangement or major restructuring effort for
any school that fails to make adequate yearly progress after one full
school year of corrective action.
This bill would require the Superintendent to make recommendations
to the state board, by February 1, 2010, or the effective date of
the bill, whichever is later, regarding the criteria and conditions
for identifying the lowest achieving 5% of the persistently lowest
performing public schools, as specified. By April 1, 2010, or the
effective date of the bill, whichever is later, the state board would
be required to approve these criteria and conditions, with any
necessary revisions. The bill would require the state board and the
Superintendent, on or before June 1, 2010, or the effective date of
the bill, whichever is later, and each year thereafter, to identify
the lowest achieving 5% of the persistently lowest performing public
schools in the state, subject to specified exceptions. The bill would
require the Superintendent, within 30 days of making this
determination, to ensure each employee and parent or guardian of a
child enrolled or requesting to be enrolled in a school identified is
provided with federally required notices containing specified
information.
The bill would require the Superintendent and the state board to
direct each identified school to take at least one of 3 specified
alternative governance or restructuring actions required by federal
law. The bill would provide for the Superintendent to recommend
revocation and for the state board to hold a hearing on revocation
within 90 days if the school is a charter school. The bill would
require the State Department of Education to contract for an
independent evaluation of the accountability measures established by
this bill's provisions, and to submit this evaluation to the
Chairpersons of the Joint Legislative Budget Committee, the Assembly
Committee on Budget, the Senate Committee on Budget and Fiscal
Review, the Assembly Committee on Education, the Senate Committee on
Education, the Governor, and the Director of Finance no later than
March 1, 2015.
Because the bill would require schools identified as the lowest
achieving 5% of the persistently lowest performing public schools in
the state to take specified actions, it would impose a state-mandated
local program.
(6) Existing law requires the State Department of Education under
CALPADS to contract for the development of proposals that will
provide for the retention and analysis of longitudinal pupil
achievement data. Existing law requires local educational agencies to
retain individual pupil records for each test taker, including other
data elements deemed necessary by the Superintendent, with approval
of the state board, to comply with federal reporting requirements
delineated in the federal No Child Left Behind Act of 2001.
This bill would require local educational agencies to also retain
other data elements deemed necessary by the Superintendent, with the
approval of the state board, to comply with programs implemented
pursuant to the federal American Recovery and Reinvestment Act of
2009, subject to submission of an expenditure plan to the Department
of Finance, as specified. The bill would authorize the University of
California, the California State University, and the Chancellor of
the California Community Colleges to obtain specified wage data on
students in order to meet the requirements of the American Recovery
and Reinvestment Act of 2009, to the extent permitted by federal law.
(7) This bill would require the Governor, the Superintendent of
Public Instruction, and the State Board of Education, in
collaboration with participating local educational agencies, as
necessary, to develop a high-quality plan or plans to submit as part
of a Phase 1 application for federal Race to the Top funds that
includes specified elements that are consistent with the federal
School Improvement Grant guidelines and the Race to the Top
guidelines.
(8) This bill would require the Fiscal Crisis Management and
Assistance Team, on or before April 1, 2010, or the effective date of
the bill, whichever is later, to convene a task force for the
purpose of developing a standardized process for reporting charter
school financial and accounting data, and developing a standardized
process for the provision of annual independent financial and
compliance audits for charter schools. The task force would be
required to submit recommendations to the Legislature on or before
December 1, 2010, or the effective date of the bill, whichever is
later.
(9) 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.
(10) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3 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 10601.5 of the Education Code is amended to
read:
10601.5. (a) The department, in collaboration with the Commission
on Teacher Credentialing, shall contract for the development of a
teacher data system to be known as the California Longitudinal
Teacher Integrated Data Education System that is based on the results
of the teacher data system feasibility study conducted pursuant to
Item 6110-001-0890 of Section 2.00 of the Budget Act of 2005 (Chapter
38 of the Statutes of 2005). The purpose of the California
Longitudinal Teacher Integrated Data Education System is to
streamline processes, improve the efficiency of data collection by
the department, the Commission on Teacher Credentialing, and the
Employment Development Department, and improve the quality of data
collected from local educational agencies and teacher preparation
programs. The California Longitudinal Teacher Integrated Data
Education System shall be developed and implemented in accordance
with all state rules and regulations governing information technology
projects.
(b) The California Longitudinal Teacher Integrated Data Education
System shall serve as the central state repository of information
regarding the teacher workforce in the state for purposes of
developing and reviewing state policy, identifying workforce trends,
and identifying future needs regarding the teaching workforce. It
shall also serve to provide high-quality program evaluations,
including evaluation of the effectiveness of teacher preparation and
induction, and to help improve professional development programs.
Additionally, it shall promote the efficient monitoring of teacher
assignments as required by state and federal law.
(c) The California Education Information System shall not include
the names, social security numbers, home addresses, telephone
numbers, or e-mail addresses of individual teachers.
(d) Data in the California Education Information System shall not
be used in violation of any state or federal law that is intended to
protect an individual's right to privacy or the confidentiality of an
individual's personal information.
(e) Notwithstanding any other provision of law, data in the
California Education Information System, solely or in conjunction
with data from any other data system, may be used for purposes of
evaluating teachers and administrators and making employment
decisions, only if these decisions comply with Section 3543.2 of the
Government Code.
(f) The California Longitudinal Teacher Integrated Data Education
System shall be used to accomplish both of the following goals:
(1) Provide a means to evaluate all of the following:
(A) The effectiveness of teacher preparation programs, including,
but not limited to, traditional fifth-year programs, university
internship programs, and district-sponsored internship programs.
(B) Teacher workforce issues, including mobility, retention, and
attrition.
(2) Streamline and improve the effectiveness and timeliness of
assignment monitoring as required by the federal No Child Left Behind
Act of 2001 (20 U.S.C. Sec. 6301 et seq.) and by state law.
(3) Enable local educational agencies to monitor teacher
assignments on demand.
(g) For purposes of implementing this chapter, including the
legislative intent expressed in subdivision (b) of Section 10600, the
system shall include all of the following information:
(1) Age profiles of teachers in the workforce.
(2) Projections of the number of retirees in the education system
over the next 10 years throughout the state.
(3) Identification of subject matter fields that have the severest
shortage of teachers.
(4) Geographic distribution of teachers by credential type.
(5) Present patterns of in-service education for teachers.
(6) Teacher performance data required under federal law.
(h) The Commission on Teacher Credentialing and accredited teacher
preparation programs shall participate in the system by providing
available data regarding enrollment in credential programs,
credentials issued in each specialization, and certificated persons
in each specialty who are not employed in education, and by
collaborating with the department in the design and preparation of
periodic reports of teacher supply and demand in each specialty and
in each geographic region of the state.
(i) The California Longitudinal Teacher Integrated Data Education
System shall do all of the following:
(1) Utilize and maximize use of existing teacher databases.
(2) Maintain longitudinally linked data without including the
names of teachers.
(3) Comply with all state and federal confidentiality and privacy
laws.
(j) The Superintendent shall convene a working group to provide
advice and guidance on the development and implementation of the
system. The group shall include, but is not limited to,
representatives from the Commission on Teacher Credentialing, the
Department of Finance, the Secretary for Education, the Legislative
Analyst's Office, the Employment Development Department, and
representatives of local educational agencies, postsecondary
educational institutions, researchers, teachers, administrators, and
parents.
(k) The operation of the California Longitudinal Teacher
Integrated Data Education System is contingent upon the appropriation
of funds for purposes of this section in the annual Budget Act or
other legislation.
SEC. 2. Section 10804 of the Education Code is amended to read:
10804. (a) The State Chief Information Officer appointed pursuant
to Section 11545 of the Government Code shall convene a working
group representing, at a minimum, the state board, the
Superintendent, the Chancellor of the California Community Colleges,
the University of California, the California State University, and
any other governmental entities that collect, report, or use
individual pupil education data that would become part of the
comprehensive education data system. The State Chief Information
Officer shall form an advisory committee to the working group that
includes school and district administrators, teachers and faculty,
education program providers, policymakers, researchers, parents, and
pupils.
(b) The working group convened pursuant to this section shall
create a strategic plan to link education data systems from all
segments and to accomplish all of the following:
(1) Provide an overall structural design for the linked education
data systems.
(2) Examine current state education data systems.
(3) Examine the protocols and procedures to be used by state
agencies in data processing, including, but not limited to,
collecting, storing, manipulating, sharing, retrieving, and releasing
data so as to enable each state agency to accurately and efficiently
collect and share data with the other state agencies while complying
with all applicable state and federal privacy laws.
(4) Identify specific procedures and policies that would be
necessary to ensure the privacy of pupil record information so as to
meet both federal requirements and the higher expectations of privacy
held by the state.
(5) Include interagency agreements to facilitate the transfer of
data from one segment to another and ultimately to include linkages
to workforce data.
(c) The strategic plan shall be delivered by the State Chief
Information Officer to the Legislature and the Governor on or before
January 15, 2010, or the effective date of the act amending this
section during the 2009-10 Fifth Extraordinary Session, whichever
date is later.
(d) This section may be implemented using federal grant funds
received pursuant to the American Recovery and Reinvestment Act of
2009 (Public Law 111-5) through that act's provision of funds for
statewide data systems under the federal Education Technical
Assistance Act (20 U.S.C. Sec. 9601 et seq.).
SEC. 3. Section 47602 of the Education Code is amended to read:
47602. (a) In the 1998-99 school year, the maximum total number
of charter schools authorized to operate in this state shall be 250.
In the 1999-2000 school year through the 2008-09 school year,
inclusive, an additional 100 charter schools are authorized to
operate in this state each successive school year. Commencing with
the 2009-10 school year, there shall be no limitation on the number
of charter schools authorized to operate in this state. For the
purposes of implementing this section, the state board shall assign a
number to each charter petition that it grants pursuant to
subdivision (j) of Section 47605 or Section 47605.8 and to each
charter notice it receives pursuant to this part, based on the
chronological order in which the notice is received. Each number
assigned by the state board shall correspond to a single petition
that identifies a charter school that will operate within the
geographic and site limitations of this part. The state board shall
develop a numbering system for charter schools that identifies each
school associated with a charter. For purposes of this section, sites
that share educational programs and serve similar pupil populations
may not be counted as separate schools. Sites that do not share a
common educational program shall be considered separate schools for
purposes of this section.
(b) A charter petition shall not be granted under this part that
authorizes the conversion of a private school to a charter school. A
charter school shall not receive any public funds for a pupil if the
pupil also attends a private school that charges the pupil's family
for tuition. The state board shall adopt regulations to implement
this section.
SEC. 4. Section 47604.7 is added to the Education Code, to read:
47604.7. (a) It is the intent of the Legislature to ensure that
California has high-quality charter schools.
(b) The Superintendent shall convene a working group to make
findings and recommendations to the Legislature and the Governor
regarding all of the following:
(1) The adequacy of existing processes for authorizing, renewing,
revoking, or not renewing charter schools. For this purpose, the
group shall review existing statutes and regulations and the degree
to which the authority granted is adequate to ensure high quality,
and the degree to which that authority is exercised.
(2) The extent to which the state's charter schools receive
equitable funding compared to traditional public schools, and a
commensurate share of local, state, and federal program and revenue
sources.
(3) The extent to which the state provides charter schools with
facilities funding to lease facilities, purchase facilities, or make
tenant improvements, assistance with facilities acquisition, access
to public facilities, the ability to share in bonds and other
supports, and the extent to which the state does not impose any
facility-related requirements on charter schools that are stricter
than those applied to traditional public schools.
(c) The working group shall include representatives of the
department, state board, Department of Finance, Assembly and Senate
staff, county offices of education, local charter school authorizers,
representatives of traditional public schools and independent
charter schools, parents, community groups, and other stakeholders as
the department, in consultation with the Office of the Secretary for
Education, deems appropriate.
(d) The working group shall, on or before December 1, 2010, submit
recommendations to the Governor and the Chairpersons and Vice
Chairpersons of the Assembly and Senate Committees on Education for
dissemination to the members of those committees.
SEC. 5. Article 10 (commencing with Section 48350) is added to
Chapter 2 of Part 27 of Division 4 of Title 2 of the Education Code,
to read:
Article 10. Open Enrollment Act
48350. This article shall be known, and may be cited, as the Open
Enrollment Act.
48351. The purpose of this article is to improve educational
achievement and to enhance parental choice in education by providing
additional options to pupils to enroll in public schools throughout
the state without regard to the residence of their parents.
48352. For purposes of this article, the following definitions
apply:
(a) "Low-performing school" means a public school in program
improvement that is also ranked in any of deciles 1 to 3, inclusive,
of the Academic Performance Index and identified in the 2008-09
school year by the Superintendent pursuant to Section 52055.605.
Commencing with the 2013-14 fiscal year and every third year
thereafter, the list of schools ranked in deciles 1 to 3, inclusive,
shall be updated for this purpose based on the most current Academic
Performance Index rankings.
(b) "Parent" means the natural or adoptive parent or guardian of a
dependent child.
(c) "School district of enrollment" means a school district other
than the school district in which the parent of a pupil resides, but
in which the parent of the pupil nevertheless intends to enroll the
pupil pursuant to this article.
(d) "School district of residence" means a school district in
which the parent of a pupil resides and in which the pupil would
otherwise be required to enroll pursuant to Section 48200.
48353. The state board shall adopt emergency regulations to
implement this article.
48354. (a) The parent of a pupil enrolled in a low-performing
school may submit an application for the pupil to attend a school in
a school district of enrollment pursuant to this article.
(b) (1) Consistent with the requirements of Section 1116(b)(1)(E)
of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301
et seq.), no later than the first day of the school year, the
district of residence shall provide the parents and guardians of all
pupils enrolled in a school identified in subdivision (a) of Section
48352 with notice of the option to transfer to another public school
served by the school district of residence or another school
district.
(2) An application requesting a transfer pursuant to this article
shall be submitted by the parent of a pupil to the school district of
enrollment prior to January 1 of the school year preceding the
school year for which the pupil is requesting to transfer. The school
district of enrollment may waive the deadline specified in this
paragraph.
(3) The application deadline specified in paragraph (2) does not
apply to an application requesting a transfer if the parent, with
whom the pupil resides, is enlisted in the military and was relocated
by the military within 90 days prior to submitting the application.
(4) The application may request enrollment of the pupil in a
specific school or program within the school district of enrollment.
(5) A pupil may enroll in a school in the school district of
enrollment in the school year immediately following the approval of
his or her application.
(6) In order to provide priority enrollment opportunities for
pupils residing in the school district, a school district of
enrollment shall establish a period of time for resident pupil
enrollment prior to accepting transfer applications pursuant to this
article.
48355. (a) The school district of residence of a pupil or a
school district of enrollment to which a pupil has applied to attend
may prohibit the transfer of the pupil pursuant to this article or
limit the number of pupils who transfer pursuant to this article if
the governing board of the district determines that the transfer
would negatively impact either of the following:
(1) A court-ordered desegregation plan of the district.
(2) The racial and ethnic balance of the district.
(b) A school district of residence shall not adopt any other
policies that in any way prevent or discourage pupils from applying
for a transfer to a school district of enrollment.
48356. (a) A school district of enrollment may adopt specific,
written standards for acceptance and rejection of applications
pursuant to this article. The standards may include consideration of
the capacity of a program, class, grade level, or school building.
Subject to subdivision (b), and except as necessary in accordance
with Section 48355, the standards shall not include consideration of
a pupil's previous academic achievement, physical condition,
proficiency in the English language, sex, national origin, or race.
(b) In considering an application pursuant to this article, a
nonresident school district may apply its usual requirements for
admission to a magnet school or a program designed to serve gifted
and talented pupils.
(c) Subject to the rules and standards that apply to pupils who
reside in the school district of enrollment, a resident pupil who is
enrolled in one of the district's schools pursuant to this article
shall not be required to submit an application in order to remain
enrolled.
(d) A school district of enrollment shall ensure that pupils
enrolled pursuant to standards adopted pursuant to this section are
selected through a random, unbiased process that prohibits an
evaluation of whether or not the pupil should be enrolled based on
his or her individual academic or athletic performance, except that
pupils applying for a transfer pursuant to this article shall be
assigned priority for approval as follows:
(1) First priority for the siblings of children who already attend
the desired school.
(2) Second priority for pupils transferring from a program
improvement school ranked in decile 1 on the Academic Performance
Index identified pursuant to subdivision (a) of Section 48352.
(3) Third priority for pupils transferring from a program
improvement school ranked in decile 2 on the Academic Performance
Index identified pursuant to subdivision (a) of Section 48352.
(4) Fourth priority for pupils transferring from a program
improvement school ranked in decile 3 on the Academic Performance
Index identified pursuant to subdivision (a) of Section 48352.
(5) If the number of pupils who request a particular school
exceeds the number of spaces available at that school, a lottery
shall be conducted in the group priority order identified in
paragraphs (1) to (4), inclusive, to select pupils at random until
all of the available spaces are filled.
(e) The initial application of a pupil for transfer to a school
within a school district of enrollment shall not be approved if the
transfer would require the displacement from the desired school of
any other pupil who resides within the attendance area of that school
or is currently enrolled in that school.
(f) A pupil approved for a transfer to a school district of
enrollment pursuant to this article shall be deemed to have fulfilled
the requirements of Section 48204.
48357. Within 60 days of receiving an application pursuant to
Section 48354, a school district of enrollment shall notify the
applicant parent and the school district of residence in writing
whether the application has been accepted or rejected. If an
application is rejected, the school district of enrollment shall
state in the notification the reasons for the rejection.
48358. A school district of enrollment that enrolls a pupil
pursuant to this article shall accept credits toward graduation that
were awarded to the pupil by another school district and shall
graduate the pupil if the pupil meets the graduation requirements of
the school district of enrollment.
48359. (a) Each school district is encouraged to keep an
accounting of all requests made for alternative attendance pursuant
to this article and records of all disposition of those requests that
may include, but are not limited to, all of the following:
(1) The number of requests granted, denied, or withdrawn. In the
case of denied requests, the records may indicate the reasons for the
denials.
(2) The number of pupils who transfer out of the district.
(3) The number of pupils who transfer into the district.
(b) The information maintained pursuant to subdivision (a) may be
reported to the governing board of the school district at a regularly
scheduled meeting of the governing board.
SEC. 6. Article 5 (commencing with Section 52065) is added to
Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education
Code, to read:
Article 5. Accountability Measures for the Persistently Lowest
Performing Schools
52065. (a) By February 1, 2010, or the effective date of this
article, whichever is later, the Superintendent shall make
recommendations to the state board regarding all of the following:
(1) The criteria the Superintendent and the state board should use
to jointly identify public schools subject to the list required in
Section 52066. In making recommendations regarding these criteria, or
selecting schools based on these criteria, the Superintendent and
the state board shall only consider schools currently or likely to be
subject to restructuring pursuant to Section 1116 of the federal
Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.)
in the subsequent school year. The committee may also consider other
objective data, including, but not limited to, the results of the
California Standards Test, the Academic Performance Index, and
dropout and graduation rates.
(2) The conditions that must exist for a school to be removed from
the list established pursuant to Section 52066.
(b) On or before February 1, 2010, or the effective date of this
article, whichever is later, the Superintendent shall make
recommendations on the criteria and conditions described in paragraph
(1) to the state board, and on or before April 1, 2010, or the
effective date of this article, whichever is later, the state board
shall approve these criteria and conditions, with any revisions
deemed necessary by the state board.
52066. (a) On or before June 1, 2010, or the effective date of
this article, whichever is later, and each year thereafter the state
board and the Superintendent, using the criteria established pursuant
to Section 52065, shall jointly identify the lowest achieving 5
percent of the persistently lowest performing public schools in the
state subject to this article, except as provided in subdivision (b).
(b) The state board and the Superintendent shall consider not
identifying schools under subdivision (a) that are showing
significant progress under existing state intervention programs, as
determined by the state board and the Superintendent, provided that
not identifying those schools is consistent with federal School
Improvement Grant laws and regulations.
(c) Within 30 days of making the determination in subdivision (a),
the Superintendent shall notify each local educational agency
responsible for oversight of a public school that is identified and
ensure that the governing board has provided each employee and parent
or guardian of a child enrolled or requesting to be enrolled in a
school identified in subdivision (a) the notices required by both of
the following:
(1) Section 1116(b)(7)(E) of the federal Elementary and Secondary
Education Act (20 U.S.C. Sec. 6301 et seq.).
(2) Section 1116(b)(8)(C) of the federal Elementary and Secondary
Education Act (20 U.S.C. Sec. 6301 et seq.).
52067. (a) Upon identifying a school pursuant to Section 52066,
the Superintendent and the state board shall direct the local
educational agency responsible for each identified school to evaluate
the reasons for the determination and approve in a public hearing at
least one of the locally developed renewal efforts specified in
Section 1116(b)(8)(B)(i), (ii), or (iii) of the federal Elementary
and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.).
(b) For the high schools identified in subdivision (a) of Section
52066, the renewal efforts shall focus primarily on significant
annual increases toward a four-year graduation rate goal of 90
percent, as calculated pursuant to subparagraph (A) of paragraph (4)
of subdivision (a) of Section 52052. The evaluation required in
Section 52068 shall include an assessment of the efficacy of any
strategies employed to increase graduation rates at each of the
identified high schools.
(c) If a school identified pursuant to subdivision (a) of Section
52066 is a charter school, the Superintendent shall recommend
revocation of the charter to the state board pursuant to subdivision
(c) of Section 47604.5.
(d) No later than 90 days after receipt of a recommendation for
revocation pursuant to subdivision (c), the state board shall hold a
public hearing to consider the revocation of the charter.
52068. The department shall contract for an independent
evaluation of the program established by this article. The costs of
the evaluation shall be paid for from federal funds appropriated to
the department. The evaluation shall determine whether this program
has been effective in improving pupil achievement and shall identify
components of successful school renewal. The evaluation shall be
submitted, no later than March 1, 2015, to the Chairpersons of the
Joint Legislative Budget Committee, the Assembly Committee on Budget,
the Senate Committee on Budget and Fiscal Review, the Assembly
Committee on Education, the Senate Committee on Education, the
Governor, and the Director of Finance.
SEC. 7. Section 60900 of the Education Code is amended to read:
60900. (a) The department shall contract for the development of
proposals which will provide for the retention and analysis of
longitudinal pupil achievement data on the tests administered
pursuant to Chapter 5 (commencing with Section 60600), Chapter 7
(commencing with Section 60810), and Chapter 9 (commencing with
Section 60850). The longitudinal data shall be known as the
California Longitudinal Pupil Achievement Data System.
(b) The proposals developed pursuant to subdivision (a) shall
evaluate and determine whether it would be most effective, from both
a fiscal and a technological perspective, for the state to own the
system. The proposals shall additionally evaluate and determine the
most effective means of housing the system.
(c) The California Longitudinal Pupil Achievement Data System
shall be developed and implemented in accordance with all state rules
and regulations governing information technology projects.
(d) The system or systems developed pursuant to this section shall
be used to accomplish all of the following goals:
(1) To provide school districts and the department access to data
necessary to comply with federal reporting requirements delineated in
the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.).
(2) To provide a better means of evaluating educational progress
and investments over time.
(3) To provide local educational agencies information
that can be used to improve pupil achievement.
(4) To provide an efficient, flexible, and secure means of
maintaining longitudinal statewide pupil level data.
(e) In order to comply with federal law as delineated in the No
Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), the
local educational agency shall retain individual pupil records for
each test taker, including all of the following:
(1) All demographic data collected from the STAR Program test,
high school exit examination, and English language development tests.
(2) Pupil achievement data from assessments administered pursuant
to the STAR Program, high school exit examination, and English
language development testing programs. To the extent feasible, data
should include subscore data within each content area.
(3) A unique pupil identification number to be identical to the
pupil identifier developed pursuant to the California School
Information Services, which shall be retained by each local
educational agency and used to ensure the accuracy of information on
the header sheets of the STAR Program tests, high school exit
examination, and the English language development test.
(4) All data necessary to compile reports required by the federal
No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.),
including, but not limited to, dropout and graduation rates.
(5) Other data elements deemed necessary by the Superintendent,
with approval of the state board, to comply with the federal
reporting requirements delineated in the No Child Left Behind Act of
2001 (20 U.S.C. Sec. 6301 et seq.), and programs implemented pursuant
to the American Recovery and Reinvestment Act of 2009 (Public Law
111-5), after review and comment by the advisory board convened
pursuant to subdivision (h).
Prior to the implementation of this paragraph, with respect to
adding data elements to the California Longitudinal Pupil Achievement
Data System for the purpose of complying with the federal American
Recovery and Reinvestment Act of 2009 (Public Law 111-5), the
department and the appropriate postsecondary education agencies shall
submit an expenditure plan to the Department of Finance detailing
any administrative costs to the department and costs to any local
educational agency, if applicable. The Department of Finance shall
provide to the Joint Legislative Budget Committee a copy of the
expenditure plan within 10 days of receipt of the expenditure plan.
(6) To enable the department, the University of California, the
California State University, and the Chancellor of the California
Community Colleges, to meet the requirements prescribed by the
federal American Recovery and Reinvestment Act of 2009 (Public Law
111-5), these entities shall be authorized to obtain quarterly wage
data, commencing July 1, 2010, on students who have attended their
respective systems, to assess the impact of education on the
employment and earnings of those students, to conduct the annual
analysis of district-level and individual district or postsecondary
education system performance in achieving priority educational
outcomes, and to submit the required reports to the Legislature and
the Governor. The information shall be provided to the extent
permitted by federal statutes and regulations.
(f) The California Longitudinal Pupil Achievement Data System
shall have all of the following characteristics:
(1) The ability to sort by demographic element collected from the
STAR Program tests, high school exit examination, and English
language development test.
(2) The capability to be expanded to include pupil achievement
data from multiple years.
(3) The capability to monitor pupil achievement on the STAR
Program tests, high school exit examination, and English language
development test from year to year and school to school.
(4) The capacity to provide data to the state and local
educational agencies upon their request.
(g) Data elements and codes included in the system shall comply
with Sections 49061 to 49079, inclusive, and Sections 49602 and
56347, with Sections 430 to 438, inclusive, of Title 5 of the
California Code of Regulations, with the Information Practices Act of
1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part
4 of Division 3 of the Civil Code), and with the federal Family
Education Rights and Privacy Act (20 U.S.C. Sec. 1232g), Section
1242h of Title 20 of the United States Code, and related federal
regulations.
(h) The department shall convene an advisory board consisting of
representatives from the state board, the Secretary for Education,
the Department of Finance, the State Privacy Ombudsman, the
Legislative Analyst's Office, representatives of parent groups,
school districts, and local educational agencies, and education
researchers to establish privacy and access protocols, provide
general guidance, and make recommendations relative to data elements.
The department is encouraged to seek representation broadly
reflective of the general public of California.
(i) Subject to funding being provided in the annual Budget Act,
the department shall contract with a consultant for independent
project oversight. The Director of Finance shall review the request
for proposals for the contract. The consultant hired to conduct the
independent project oversight shall twice annually submit a written
report to the Superintendent, the state board, the advisory board,
the Director of Finance, the Legislative Analyst, and the appropriate
policy and fiscal committees of the Legislature. The report shall
include an evaluation of the extent to which the California
Longitudinal Pupil Achievement Data System is meeting the goals
described in subdivision (d) and recommendations to improve the data
system in ensuring the privacy of individual pupil information and
providing the data needed by the state and school districts.
(j) This section shall be implemented using federal funds received
pursuant to the No Child Left Behind Act of 2001 (20 U.S.C. Sec.
6301 et seq.), which are appropriated for purposes of this section in
Item 6110-113-0890 of Section 2.00 of the Budget Act of 2002
(Chapter 379 of the Statutes of 2002). The release of these funds is
contingent on approval of an expenditure plan by the Department of
Finance.
(k) For purposes of this chapter, a local educational agency shall
include a county office of education, a school district, or charter
school.
SEC. 8. (a) The Governor, the Superintendent of Public
Instruction, and the State Board of Education shall jointly develop a
single high-quality plan or multiple plans, in collaboration with
participating local educational agencies, as necessary, to submit as
part of a Phase 1 application for federal Race to the Top funds,
authorized under the federal American Recovery and Reinvestment Act
of 2009 (Public Law 111-5). The plan or plans shall include all of
the following:
(1) Explicit and transparent criteria for identifying the lowest
achieving 5 percent of the persistently lowest performing schools
that are consistent with the federal School Improvement Grant
guidelines as well as the federal Race to the Top guidelines.
(2) Strategies for turning around the persistently lowest
performing schools that are consistent with federal Race to the Top
guidelines.
(b) The participating local educational agencies shall first enter
into a memorandum of understanding with their county superintendent
of schools, local governing board, and head of the local collective
bargaining unit for teachers that meets the requirements expressed in
the Race to the Top final guidelines. The participating local
educational agencies shall then enter into a memorandum of
understanding with the state, and shall assist in preparation of the
state plan, as required in the Race to the Top final guidelines.
SEC. 9. (a) On or before April 1, 2010, or the effective date of
this act, whichever is later, the Fiscal Crisis Management and
Assistance Team shall convene a task force for the purpose of
developing all of the following:
(1) A standardized process for the reporting of charter school
financial and accounting data that would be applicable to all charter
schools.
(2) A standardized process for the provision of annual independent
financial and compliance audits of charter schools.
(b) The task force shall include representatives of the
Controller, the Department of Finance, the State Department of
Education, school business officials, staff from both houses of the
Legislature, charter school representatives, and other stakeholders,
as necessary. The task force may consider whether the auditing and
fiscal reporting processes for traditional public schools are
appropriate for charter schools, or if alternative standardized
methods are preferable. The task force shall submit recommendations
to the Legislature on or before December 1, 2010, or the effective
date of this act, whichever is later.
SEC. 10. (a) The Legislature finds and declares that this act is
declaratory of the requirements specified in the federal guidelines
for the federal Race to the Top Fund. It is the intent of the
Legislature that, to the extent that the federal guidelines are
revised, the state plan or plans also be revised accordingly.
(b) The agreements necessary for local educational agencies to
fulfill the requirements of this act may be accomplished using
memorandums of understanding between individual local educational
agencies and the state.
SEC. 11. 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.
SEC. 12. This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
In order to make the necessary statutory changes to ensure the
state's eligibility for an incentive grant from the federal Race to
the Top Fund, it is necessary that this act take effect immediately.