BILL NUMBER: SBX5 1	CHAPTERED
	BILL TEXT

	CHAPTER  2
	FILED WITH SECRETARY OF STATE  JANUARY 7, 2010
	APPROVED BY GOVERNOR  JANUARY 7, 2010
	PASSED THE SENATE  JANUARY 6, 2010
	PASSED THE ASSEMBLY  JANUARY 5, 2010
	AMENDED IN ASSEMBLY  JANUARY 5, 2010
	AMENDED IN ASSEMBLY  JANUARY 4, 2010
	AMENDED IN ASSEMBLY  DECEMBER 3, 2009
	AMENDED IN SENATE  NOVEMBER 3, 2009
	AMENDED IN SENATE  NOVEMBER 3, 2009
	AMENDED IN SENATE  OCTOBER 29, 2009

INTRODUCED BY   Senator Steinberg
   (Principal coauthor: Senator Romero)
   (Principal coauthor: Assembly Member Brownley)
   (Coauthor: Senator Alquist)

                        AUGUST 27, 2009

   An act to amend Sections 52052.5, 60601, 60603, 60604, 60605.6,
60606, 60640, 60643, 60643.1, and 60900 of, to add Sections 10601.6,
10802.5, 10807, 49079.7, 44227.2, 60604.5, 60605.7, 60605.8, and
60605.9 to, and to add Chapter 18 (commencing with Section 53100) to
Part 28 of Division 4 of Title 2 of, the Education Code, and to amend
Section 1095 of the Unemployment Insurance Code, relating to public
schools.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1, Steinberg. Public schools: Race to the Top.
   (1) The Education Data and Information Act of 2008 requires the
State Chief Information Officer to convene a working group
representing specified governmental entities that collect, report, or
use individual pupil education data to create a strategic plan to
link education data systems and to accomplish objectives relating to
the accessibility of education data.
   This bill, in addition, would authorize the State Department of
Education, the University of California, the California State
University, the Chancellor of the California Community Colleges, the
Commission on Teacher Credentialing, the Employment Development
Department, and the California School Information Services to enter
into interagency agreements in order to facilitate specified
objectives regarding the implementation of a longitudinal education
data system and the transfer of education data.
   (2) Existing law establishes the Commission on Teacher
Credentialing to, among other things, establish professional
standards and procedures for the issuance and renewal of teaching and
services credentials.
   This bill would establish the Science, Technology, Engineering,
Math, and Career Technical Education Educator Credentialing Program
for purposes of providing alternative routes to credentialing in
accordance with the guidelines for the federal Race to the Top Fund,
and would require the commission, together with the Committee on
Accreditation, to develop a process to authorize additional
high-quality alternative route educator preparation programs provided
by school districts, county offices of education, community-based
organizations, and nongovernmental organizations. The bill would
authorize the commission to assess a fee on community-based and
nongovernmental organizations that are seeking approval to
participate in the program.
   (3) Federal law, the federal Family Educational Rights and Privacy
Act (FERPA), requires schools and educational agencies receiving
federal financial assistance to comply with specified provisions
regarding the release of pupil data. State law prescribes additional
rules relating to the authorized release of pupil data.
   This bill would authorize the department, to the extent
permissible under FERPA and specified state law, and commencing July
1, 2010, to conduct pupil data management on behalf of local
educational agencies. The bill would require the department to
establish, no earlier than July 1, 2010, an education data team to
act as an institutional review board to review and respond to all
requests for pupil data, as specified. The bill would make the
department responsible for data management decisions for data under
its jurisdiction and make the department and a local educational
agency jointly liable for any data management decisions in which the
department and the local educational agency participate jointly, as
specified. The bill would require the department to develop
appropriate policies and procedures for the education data team by
July 1, 2010, that includes fees or charges that shall be imposed
upon research applicants, as specified. The bill would require the
department to perform the duties specified in these provisions with
its existing resources. The bill would make these provisions
inoperative on July 1, 2013, and repeal them on January 1, 2014.
   (4) Existing law requires the Superintendent of Public Instruction
to establish an advisory committee to advise on all appropriate
matters relative to the creation of the Academic Performance Index
and the implementation of the Immediate Intervention/Underperforming
Schools Program and the High Achieving/Improving Schools Program.
   This bill would require the Superintendent and the state board, in
consultation with the advisory committee, by July 1, 2013, to make
recommendations to the Legislature and the Governor on, among other
things, the establishment of a methodology for generating a
measurement of group and individual academic performance growth by
using individual pupil results from a longitudinally valid
achievement assessment system.
   (5) The federal American Recovery and Reinvestment Act of 2009
(ARRA), provides $4.3 billion for the State Incentive Grant Fund
(Race to the Top Fund), which is a competitive grant program designed
to encourage and reward states that are implementing specified
educational objectives. The ARRA requires a Governor to apply on
behalf of a state seeking a Race to the Top grant, and requires the
application to include specified information. The United States
Secretary of Education has issued regulations and guidelines
regarding state eligibility under the Race to the Top program.
   This bill would state the Legislature's intent to implement
education reforms to, among other things, ensure that California is
positioned to be successful in the Race to the Top competition.
   This bill would authorize the Superintendent and the President of
the State Board of Education to enter into a memorandum of
understanding with a local educational agency for the purposes of
implementing the Race to the Top program. The bill would require the
Governor, the Superintendent, and the state board, in collaboration
with participating local educational agencies, as necessary, to
develop a high-quality plan or plans to submit as part of an
application for federal Race to the Top funds that includes specified
elements. The bill would require the Department of Finance,
concurrent with the submission of the plan to the Attorney General,
to provide the appropriate policy and fiscal committees of both
houses of the Legislature with a copy of the plan or plans. The bill
would require the Superintendent, on or before January 1, 2011, to
contract with an independent evaluator relating to the implementation
of the state plan. The bill would require the Superintendent, on or
before June 1, 2014, to provide the final evaluation to the
Legislature, the Governor, and the state board, and require the
department to use federal Race to the Top program funds for this
evaluation.
   This bill would require the Superintendent and the state board to
establish a list of low-achieving schools and persistently
lowest-achieving schools, as defined, according to specific criteria.
The bill would require the Superintendent to notify the governing
board of a school district, county superintendent of schools, or the
governing body of a charter school or its equivalent, that one or
more of the schools in its jurisdiction have been identified as a
persistently lowest-achieving school. The bill, except as specified,
would require the governing board of a school district, county office
of education, or the governing body of a charter school or its
equivalent to implement, for any school identified by the
Superintendent as persistently lowest-achieving, one of four
interventions for turning around lowest-achieving schools described
in federal regulations and guidelines for the Race to the Top
program, thereby imposing a state-mandated local program. The bill
would authorize a persistently lowest-achieving school implementing
specified intervention models to participate in a school-to-school
partnership program by working with a mentor school that has
successfully transitioned from a low-achieving school to a
higher-achieving school.
   (6) Existing law establishes the California Education Information
System, which consists of the California Longitudinal Pupil
Achievement Data System, known as CALPADS, and the California
Longitudinal Teacher Integrated Data System, known as CALTIDES.
   This bill would require CALPADS to be used to report data pursuant
to specified federal programs, and would authorize data in the
California Education Information System to be used by local
educational agencies for purposes of evaluating teachers and
administrators and making employment decisions, if those decisions
comply with specified provisions of law.
   (7) Existing law, the Leroy Greene California Assessment of
Academic Achievement Act (hereafter the Greene Act), requires the
Superintendent to design and implement a statewide pupil assessment
program, and requires school districts, charter schools, and county
offices of education to administer to each of its pupils in grades 2
to 11, inclusive, certain achievement tests, including a
standards-based achievement test pursuant to the Standardized Testing
and Reporting (STAR) Program.
   This bill would express the intent of the Legislature that the
reauthorization of the statewide pupil assessment program include
specified elements, including a plan for transitioning to a system of
high-quality assessments, as defined in the federal Race to the Top
guidelines and regulations. The bill would establish the Academic
Content Standards Commission, consisting of 12 appointed members, as
specified. The commission would be required to develop academic
content standards in language arts and mathematics, and would be
required, on or before July 15, 2010, to present its recommended
academic content standards to the state board. The bill would require
the state board, on or before August 2, 2010, to adopt or reject the
academic content standards, and would also require the
Superintendent and the state board to present specified information
to the Governor and appropriate policy and fiscal committees of the
Legislature. This bill would exempt instructional materials adopted
pursuant to those provisions from specified requirements relating to
the approval and adoption of basic instructional materials by the
state board.
   This bill would require the Superintendent, the state board, and
any other entity or individual designated by the Governor to
participate in the Common Core State Standards Initiative consortium
sponsored by the National Governors Association and the Council of
Chief State School Officers or any associated or related interstate
collaboration to jointly develop common high-quality standards or
assessments aligned with the common set of standards.
   Existing law makes certain provisions of the Greene Act
inoperative on July 1, 2011, and repeals all of the act's provisions
on January 1, 2012.
   This bill would make the act inoperative on July 1, 2013, and
would repeal the act as of January 1, 2014. By extending the time
period during which school districts are required to perform various
duties relating to the administration of achievement tests, the bill
would impose a state-mandated local program.
   (8) 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 Elementary and Secondary Education Act.
   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 specified provisions of federal law, subject to the
submission of an expenditure plan to the Department of Finance, as
specified.
   (9) Existing law requires the director of the Employment
Development Department to permit the use of any information in his or
her possession to the extent necessary for specified purposes.
   The bill would authorize the State Department of Education, the
University of California, the California State University, and the
Chancellor of the California Community Colleges to obtain quarterly
wage data on students in order to meet the requirements of the
federal American Recovery and Reinvestment Act of 2009, to the extent
permitted by federal law.
   (10)  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.
   (11) This bill would provide that it shall become operative only
if SB 4 of the 5th Extraordinary Session is also enacted and becomes
operative.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature to implement
education reforms to dramatically improve the achievement of
California's students. These reforms will ensure that California is
positioned to be successful in the federal Race to the Top
competition through the following reforms:
   (a) Authorize the Governor, Superintendent of Public Instruction,
and the State Board of Education to jointly develop a plan with local
educational agencies for submission in the Race to the Top grant
competition and provide participating local education agencies with
the flexibility they need to implement activities in the state plan.
   (b) Recruit, prepare, develop, retain, train for continual
improvement, and reward effective teachers and principals, especially
in the state's lowest performing schools, and provide alternative
routes to certification for those who want to teach science,
technology, engineering, and math subjects in order to attract
professionals with hands-on experience in the classroom.
   (c) Ensure that the rigor of the state's reading, writing, and
mathematics academic content standards, curricula, and assessments is
maintained so that all high school graduates are prepared for
college and careers by establishing a process to adopt new standards
based on the Common Core State Standards Initiative.
   (d) Create robust data systems linking prekindergarten, K-12,
higher education and workforce data to measure student success,
improve instruction and student learning, and inform teachers,
principals, students, policymakers, and the public of school
performance.
   (e) Turn around the state's persistently lowest-achieving schools
by identifying them, presenting them with rigorous and comprehensive
alternative models for reform, support the school-level cultural
change that is necessary for successful school reform, and eliminate
barriers to school turnarounds.
  SEC. 2.  Section 10601.6 is added to the Education Code, to read:
   10601.6.  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 by local
educational agencies for purposes of evaluating teachers and
administrators and making employment decisions, only if these
decisions comply with Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code.
  SEC. 3.  Section 10802.5 is added to the Education Code, to read:
   10802.5.  It is the intent of the Legislature that, on or before
January 1, 2011, and to the extent an appropriation is provided for
this purpose, the department, at a minimum, ensures that the data
elements pertaining to success in the 21st Century workforce
described in Section 6401(a)(2)(B)(ii) and (e)(1)(A)(ii) of the
federal America COMPETES Act (20 U.S.C. Sec. 9871) be collected for
career technical education programs operated by a local educational
agency.
  SEC. 4.  Section 10807 is added to the Education Code, to read:
   10807.  The department, the University of California, the
California State University, the Chancellor of the California
Community Colleges, the Commission on Teacher Credentialing, the
Employment Development Department, and the California School
Information Services established in Section 49081 may enter into
interagency agreements in order to facilitate all of the following:
   (a) The implementation of a comprehensive longitudinal education
data system for California.
   (b) The transfer of data from one educational segment to another.
   (c) The transfer of workforce data to the educational segments.
  SEC. 5.  Section 44227.2 is added to the Education Code, to read:
   44227.2.  (a) The Legislature hereby establishes the Science,
Technology, Engineering, Math, and Career Technical Education
Educator Credentialing Program for purposes of providing alternative
routes to credentialing, in accordance with the guidelines for the
federal Race to the Top Fund, authorized under the federal American
Recovery and Reinvestment Act of 2009 (Public Law 111-5), that do not
compromise state standards.
   (b) No later than June 1, 2010, the commission, in consultation
with the Committee on Accreditation established pursuant to Section
44373, shall develop a process to authorize additional high-quality
alternative route educator preparation programs provided by school
districts, county offices of education, community-based
organizations, and nongovernmental organizations. Organizations
participating in this project may offer educator preparation programs
for any science, mathematics, and career technical education
credential type issued by the commission if the organization meets
the requirements for being authorized pursuant to criteria
established by the commission.
   (c) The commission shall authorize community-based or
nongovernmental organizations accredited by an accrediting
organization that is recognized by the Council for Higher Education
Accreditation and the United States Department of Education. The
commission may also establish alternative criteria, if necessary, for
project participants that are not eligible for accreditation by one
of the accredited organizations.
   (d) Participating organizations shall electronically submit
credential applications to the commission.
   (e) The commission may assess a fee on a community-based or
nongovernmental organization that is seeking approval to participate
in the program. For purposes of this section, an independent college
or university in California is not a community-based or
nongovernmental organization.
  SEC. 6.  Section 49079.7 is added to the Education Code, to read:
   49079.7.  (a) Notwithstanding paragraph (3) of subdivision (c) of
Section 49079.6, the department shall impose reasonable fees or
charges upon researchers applying for access to individually
identifiable data, in order to cover costs of responding to
time-intensive request.
   (b) Fees or charges imposed upon an applicant pursuant to this
section shall equal the actual costs incurred by the department in
responding to the applicant's request.
   (c) Fees or charges shall not be imposed pursuant to this section
upon any state agency, except for fees or charges related to the
release of data for research purposes to the University of
California, the California State University, or the Chancellor of the
California Community Colleges.
  SEC. 7.  Section 52052.5 of the Education Code is amended to read:
   52052.5.  (a) The Superintendent shall establish a broadly
representative and diverse advisory committee to advise the
Superintendent of Public Instruction and the state board on all
appropriate matters relative to the creation of the Academic
Performance Index and the implementation of the Immediate
Intervention/Underperforming Schools Program and the High
Achieving/Improving Schools Program. Members of the advisory
committee shall serve without compensation for terms not to exceed
two years. The department shall provide staff to the advisory panel.
   (b) By July 1, 2005, the advisory committee established pursuant
to this section shall make recommendations to the Superintendent on
the appropriateness and feasibility of a methodology for generating a
measurement of academic performance by utilizing unique pupil
identifiers for pupils in kindergarten and any of grades 1 to 12,
inclusive, and annual academic achievement growth to provide a more
accurate measure of a school's growth over time. If appropriate and
feasible, the Superintendent, with the approval of the state board,
shall thereafter implement this measurement of academic performance.
   (c) By January 1, 2011, the Superintendent and the state board, in
consultation with the advisory committee established pursuant to
subdivision (a), shall make recommendations to the Legislature and
the Governor on each of the following:
   (1) Approaches to increasing the emphasis of science and
mathematics in the calculation of the Academic Performance Index or
any successor measure.
   (2) Methods to incorporate into the Academic Performance Index, or
into other aspects of the state's accountability system, a measure
of the degree to which pupils graduate from high school with the
skills and knowledge necessary to attain entry-level employment in
business or industry, as set forth in subdivision (b) of Section
51228.
   (3) Methods to incorporate into the Academic Performance Index, or
into other aspects of the state's accountability system, a measure
of the degree to which pupils graduate from high school with the
skills and knowledge necessary to succeed in postsecondary education.

   (d) By July 1, 2013, the Superintendent and the state board, in
consultation with the advisory committee established pursuant to
subdivision (a), shall make recommendations to the Legislature and
the Governor on the establishment of a methodology for generating a
measurement of group and individual academic performance growth by
utilizing individual pupil results from a longitudinally valid
achievement assessment system. These recommendations should also
address any interactions between the Academic Performance Index, or
any successor measure, and individual test scores from the state's
tests, as well as implications for the reauthorization of the state's
assessment system. This paragraph shall not be construed to
supersede the provisions of Chapter 273 of the Statutes of 2009.
  SEC. 8.  Chapter 18 (commencing with Section 53100) is added to
Part 28 of Division 4 of Title 2 of the Education Code, to read:
      CHAPTER 18.  RACE TO THE TOP



      Article 1.  General Provisions


   53100.  For the purposes of implementing the federal Race to the
Top program established by the federal American Recovery and
Reinvestment Act of 2009 (Public Law 111-5):
   (a) The Superintendent and the President of the state board may
enter into a memorandum of understanding with a local educational
agency.
   (b) Participating local educational agencies shall enter into a
memorandum of understanding, with the Superintendent and the
President of the state board, that meets the requirements expressed
in the Race to the Top guidelines and that is signed by as many as
possible of each participating local educational agency's:
   (1) Superintendent of schools, or their equivalents.
   (2) President of the local governing boards, or their equivalents.

   (3) Leader of any local collective bargaining unit for teachers,
if applicable.
   53101.  (a) The Governor, the Superintendent, and the state board
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 an application for federal Race to
the Top funds, authorized under the federal American Recovery and
Reinvestment Act of 2009 (Public Law 111-5).
   (b) The Department of Finance, concurrent with the submission of
the plan to the Attorney General, shall provide the appropriate
policy and fiscal committees of both houses of the Legislature with a
copy of the state plan or plans, including any amendments.
   (c) The plan submitted pursuant to subdivision (b) shall include a
budget or expenditure plan consistent with the requirements of the
Race to the Top program and application. At a minimum, the plan shall
address how the Race to the Top program funds and any other
applicable federal funds shall be used to provide resources to the
low-achieving and persistently lowest-achieving schools as defined in
this chapter. These resources may include, but are not necessarily
limited to, professional development, technical assistance, and
partnering with schools that have successfully transitioned from low-
to higher-performing status.
   (d) It is the intent of the Legislature that funding for local
educational agencies be the highest priority in the allocation of
Race to the Top program funds.
   53102.  (a) On or before January 1, 2011, the Superintendent shall
contract for an independent evaluation of the implementation and
impact of the state plan submitted in application for a federal Race
to the Top Fund competitive grant award.
   (b) On or before September 1, 2010, the Superintendent shall
convene a working group consisting of staff representing the policy
and fiscal committees of both houses of the Legislature, the
Legislative Analyst's Office, the Department of Finance, the
Governor, the state board, and the department to do all of the
following:
   (1) Jointly develop the parameters of the evaluation.
   (2) Make recommendations regarding development of any request for
proposals or request for applications used to solicit contract
proposals, and regarding the selection of the independent evaluator.
   (c) The Superintendent shall provide to the Legislature, the
Governor, and the state board:
   (1) An interim evaluation report on or before June 1, 2012.
   (2) The final evaluation report on or before June 1, 2014.
   (d) The department shall use federal funds made available from the
Race to the Top Fund and detailed in the expenditure plan required
pursuant to subdivision (c) of Section 53101 for the purpose of
contracting for this evaluation.
   53103.  The Legislature finds and declares that this act is
declaratory of the requirements and definitions 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.

      Article 2.  Intervening in the Persistently Lowest-Achieving
Schools


   53200.  For purposes of this article, the following definitions
apply:
   (a) "Low-achieving school" means a school described in subdivision
(a) of Section 53201.
   (b) "Persistently lowest-achieving school" means a school
identified pursuant to subdivisions (a) to (f), inclusive, of Section
53201.
   53201.  The Superintendent and the state board shall establish a
list of schools according to the following:
   (a) Identify any Title 1 school in improvement, corrective action,
or restructuring.
   (b) Identify the lowest 5 percent of the schools in subdivision
(a) as measured by the academic achievement of all pupils in a school
in terms of proficiency on the state's assessment under Section 1111
(b)(3) of the federal Elementary and Secondary Education Act (20
U.S.C. Sec. 6301 et seq.) in reading/language arts and mathematics,
combined pursuant to subdivision (h).
   (c) Identify any secondary school that is eligible for, but that
does not receive, Title I funds and is in the lowest 5 percent of
secondary schools as measured by the academic achievement of all
pupils in a school in terms of proficiency on the state's assessment
under Section 1111(b)(3) of the federal Elementary and Secondary
Education Act (20 U.S.C. Sec. 6301 et seq.) in reading/language arts
and mathematics, combined pursuant to subdivision (h).
   (d) Add to the schools identified pursuant to subdivisions (a) to
(c), inclusive, any high school that has had a graduation rate, as
defined in Section 200.19(b) of Title 34 of the Code of Federal
regulations, that is less than 60 percent in each of the previous
three years.
   (e) To the extent allowable under federal law, exclude from the
schools identified pursuant to subdivisions (a) to (d), inclusive, a
school that meets any of the following, except as provided in
subdivision (f):
   (1) The school is a county community school operated pursuant to
Chapter 6.5 (commencing with Section 1980) of Part 2 of Division 1 of
Title 1.
   (2) The school is a juvenile court school operated pursuant to
Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27.
   (3) The school provides educational services exclusively to
individuals with exceptional needs as defined in Section 56026.
   (4) The school has experienced academic growth of at least 50
points over the previous five years as measured by the Academic
Performance Index, using the most recent data available.
   (f) Notwithstanding subdivision (e), a school that meets any of
the criteria in subdivision (e) shall not be excluded from the
schools identified pursuant to subdivisions (a) to (d), inclusive, if
both the Superintendent and the state board find cause not to
exclude the school.
   (g) To the extent allowable under federal law, a community day
school, operated pursuant to Article 3 (commencing with Section
48660) of Chapter 4 of Part 27, may be excluded from the schools
identified pursuant to subdivisions (a) to (d), inclusive, if both
the Superintendent and the state board find cause to exclude the
school.
   (h) For the purposes of identifying the lowest 5 percent of the
schools pursuant to subdivisions (b) and (c), the Superintendent and
the state board may use a methodology consistent with the methodology
used to calculate the Academic Performance Index in order to create
composite results across content areas and grade levels in
reading/language arts and mathematics pursuant to subdivisions (b)
and (c), unless the Superintendent and the state board develop a more
appropriate methodology to meet the requirements of subdivisions (b)
and (c).
   (i) Prior to the implementation of subdivision (h), the
Superintendent and the state board shall notify the appropriate
policy and fiscal committees of the Legislature.
   53201.5.  The Superintendent shall notify the governing board of a
school district, county superintendent of schools, or the governing
body of a charter school or its equivalent, that one or more of the
schools in its jurisdiction have been identified as a persistently
lowest-achieving school.
   53202.  (a) For purposes of implementing the federal Race to the
Top program established by Sections 14005 and 14006 of Title XIV of
the federal American Recovery and Reinvestment Act of 2009 (Public
Law 111-5), the governing board of a school district, county
superintendent of schools, or the governing body of a charter school
or its equivalent, shall implement, for any school identified by the
Superintendent as persistently lowest-achieving pursuant to
subdivision (b) of Section 53200, unless the Superintendent and the
state board determines, to the extent allowable under federal law,
that the school has implemented a reform within the last two years
that conforms to the requirements of the interventions required by
the Race to the Top program and is showing significant progress, one
of the following four interventions for turning around persistently
lowest-achieving schools described in Appendix C of the Notice of
Final Priorities, Requirements, Definitions, Selection Criteria for
the Race to the Top program published in Volume 74 of Number 221 of
the Federal Register on November 18, 2009:
   (1) The turnaround model.
   (2) The restart model.
   (3) School closure.
   (4) The transformation model.
   (b) Prior to the governing board meeting to select one of the four
interventions described in subdivision (a), the governing board of a
school district, county superintendent of schools, or the governing
body of a charter school or its equivalent, with one or more
persistently lowest-achieving schools shall hold at least two public
hearings to notify staff, parents, and the community of the
designation and to seek input from staff, parents, and the community
regarding the option or options most suitable for the applicable
school or schools in its jurisdiction. At least one of those public
hearings shall be held at a regularly scheduled meeting, if
applicable, and at least one of the public hearings shall be held on
the site of a school deemed persistently lowest-achieving.
   (c) In addition to meeting the requirements specified in Appendix
C of the Notice of Final Priorities, Requirements, Definitions,
Selection Criteria for the Race to the Top program published in
Volume 74 of Number 221 of the Federal Register on November 18, 2009,
a persistently lowest-achieving school implementing the turnaround
or transformation model may participate in a school-to-school
partnership program by working with a mentor school that has
successfully transitioned from a low-achieving school to a
higher-achieving school.
   (1) For purposes of this article, a mentor school is a school that
meets either of the following:
   (A) The school has exited Program Improvement pursuant to the No
Child Left Behind Act.
   (B) The school has increased, in the statewide rankings based on
the Academic Performance Index, by two or more deciles over the last
five years, using the most recent data available.
   (2) The principal and, at the discretion of the principal, the
staff of a mentor school shall provide guidance to a persistently
lowest-achieving school to develop a reform plan for the school using
the required elements of the turnaround or transformation model, and
provide guidance and advice on how the mentor school was able to
transform the culture of the school from low-achieving to
higher-achieving and how that transformation could be replicated at
the school implementing a turnaround or transformation model.
   (3) To the extent that federal funds are made available for this
purpose pursuant to subdivision (c) of Section 53101, the mentor
school shall receive funds for serving as a mentor school. As a
condition for receipt of funds, the principal, and at the principal's
discretion, the staff, of a mentor school shall meet regularly with
the assigned persistently lowest-achieving school for a period of at
least three years.
   53203.  (a) The regional consortia authorized under Section 52059,
in collaboration with the department, from funds provided for this
purpose pursuant to subdivision (c) of Section 53101, shall provide,
at a minimum, technical assistance and support to local educational
agencies with one or more persistently lowest-achieving schools to
assist with the implementation of the duties specified for any of the
four interventions for persistently lowest-achieving schools
pursuant to Section 53202.
   (b) Funds for the regional consortia shall be distributed based on
the number of persistently lowest-achieving schools identified
pursuant to this section and the pupil enrollment of these schools.
   (c) It is the intent of the Legislature that the regional
consortia coordinate the duties described in subdivision (a) with the
duties performed pursuant to Section 52059 as it relates to schools
and districts identified in program improvement pursuant to the
federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.).
   (d) The areas of technical assistance and support pursuant to this
section may include, but are not limited to, any of the following:
   (1) Identifying strategies that are designed to recruit, place,
and retain staff with the skills necessary to meet the needs of the
pupils at the school, including financial incentives, increased
opportunities for promotion and career growth, and more flexible work
conditions.
   (2) Identifying strategies that provide increased instructional
time.
   (3) Implementing any of the professional development activities
authorized in the state's plan or application submitted for the
federal Race to the Top program.
   (4) Developing a new governance structure that may include the
establishment of a new turnaround office, located within the local
educational agency or the department, that a school implementing the
turnaround model will report to.
   (5) Developing social-emotional and community-oriented services,
including strategies for parental involvement and services that can
be located at the schoolsite.
   (6) Identifying, reviewing, and recommending quality charter
school operators, charter management organizations, or education
management organizations that can operate a persistently
lowest-achieving school.
   (7) Identifying higher-achieving schools in the school district,
including charter schools, to relocate pupils attending a school that
is scheduled for closure.
   (8) Developing, in consultation with teachers and principals, a
rigorous, transparent, and equitable evaluation system for teachers
and principals that includes the use of pupil growth data and other
factors such as multiple observation-based assessments that all
schools implementing the turnaround or transformation model may use.
   (9) Identifying strategies to identify and reward school leaders,
teachers, and other staff who, in implementing the transformation
model, have increased pupil achievement and high school graduation
rates and have identified and removed those, who, after ample
opportunities, have been provided for them to improve their
professional practice, have not done so.
   (10) Identifying and approving mentor schools pursuant to
subdivision (c) of Section 53202. The regional consortia shall first
seek eligible mentor schools located within the district of each of
the schools implementing the turnaround or transformation model.
   (11) Consistent with the collective bargaining agreement,
assisting a local educational agency in doing any of the following:
   (A) Meeting federal guidelines under Appendix C of the Notice of
Final Priorities, Requirements, Definitions, Selection Criteria for
the federal Race to the Top program published in Volume 74 of Number
221 of the Federal Register on November 18, 2009, which encourages
the state to ensure that persistently lowest-achieving schools are
not required to accept a teacher without mutual consent of the
teacher and principal, regardless of the teacher's seniority.
   (B) Implementing schoolsite-based teacher hiring decisions.
   (C) Giving persistently lowest-achieving schools first priority in
selecting from the qualified district applicant pool, among those
teachers who have specifically applied to work at the school.
  SEC. 9.  Section 60601 of the Education Code is amended to read:
   60601.  This chapter shall become inoperative on July 1, 2013, and
as of January 1, 2014, is repealed, unless a later enacted statute
that is enacted before January 1, 2014, deletes or extends the dates
on which it becomes inoperative and is repealed.
  SEC. 10.  Section 60603 of the Education Code is amended to read:
   60603.  As used in this chapter:
    (a) "Achievement test" means any standardized test that measures
the level of performance that a pupil has achieved in the core
curriculum areas.
    (b) "Assessment of applied academic skills" means a form of
assessment that requires pupils to demonstrate their knowledge of,
and ability to apply, academic knowledge and skills in order to solve
problems and communicate. It may include, but is not limited to,
writing an essay response to a question, conducting an experiment, or
constructing a diagram or model. An assessment of applied academic
skills may not include
assessments of personal behavioral standards or skills, including,
but not limited to, honesty, sociability, ethics, or self-esteem.
    (c) "Basic academic skills" means those skills in the subject
areas of reading, spelling, written expression, and mathematics that
provide the necessary foundation for mastery of more complex
intellectual abilities, including the synthesis and application of
knowledge.
    (d) "Content standards" means the specific academic knowledge,
skills, and abilities that all public schools in this state are
expected to teach and all pupils expected to learn in each of the
core curriculum areas, at each grade level tested.
    (e) "Core curriculum areas" means the areas of reading, writing,
mathematics, history-social science, and science.
    (f) "Diagnostic assessment" means interim assessments of the
current level of achievement of a pupil that serves both of the
following purposes:
    (1) The identification of particular academic standards or skills
a pupil has or has not yet achieved.
    (2) The identification of possible reasons that a pupil has not
yet achieved particular academic standards or skills.
    (g) "Direct writing assessment" means an assessment of applied
academic skills that requires pupils to use written expression to
demonstrate writing skills, including writing mechanics, grammar,
punctuation, and spelling.
    (h) "End of course exam" means a comprehensive and challenging
assessment of pupil achievement in a particular subject area or
discipline.
    (i) "Performance standards" are standards that define various
levels of competence at each grade level in each of the curriculum
areas for which content standards are established. Performance
standards gauge the degree to which a pupil has met the content
standards and the degree to which a school or school district has met
the content standards.
    (j) "Publisher" means a commercial publisher or any other public
or private entity, other than the department, which is able to
provide tests or test items that meet the requirements of this
chapter.
    (k) "Statewide pupil assessment program" means the systematic
achievement testing of pupils in grades 2 to 11, inclusive, pursuant
to the standardized testing and reporting program under Article 4
(commencing with Section 60640) and the assessment of basic academic
skills and applied academic skills, administered to pupils in grade
levels specified in subdivision (c) of Section 60605, required by
this chapter in all schools within each school district by means of
tests designated by the state board.
  SEC. 11.  Section 60604 of the Education Code is amended to read:
   60604.  (a) The Superintendent shall design and implement,
consistent with the timetable and plan required pursuant to
subdivision (b), a statewide pupil assessment program consistent with
the testing requirements of this article in accordance with the
objectives set forth in Section 60602. That program shall include all
of the following:
   (1) A plan for producing valid, reliable, and comparable
individual pupil scores in grades 2 to 11, inclusive, and a
comprehensive analysis of these scores based on the results of the
achievement test designated by the state board that assesses a broad
range of basic academic skills pursuant to the Standardized Testing
and Reporting (STAR) Program established by Article 4 (commencing
with Section 60640).
   (2) A method of working with publishers to ensure valid, reliable,
and comparable individual, grade-level, school-level,
district-level, county-level, and statewide scores in grades 2 to 11,
inclusive.
   (3) Statewide academically rigorous content and performance
standards that reflect the knowledge and skills that pupils will need
in order to succeed in the information-based, global economy of the
21st century. These skills shall not include personal behavioral
standards or skills, including, but not limited to, honesty,
sociability, ethics, or self-esteem.
   (4) A statewide system that provides the results of testing in a
manner that reflects the degree to which pupils are achieving the
academically rigorous content and performance standards adopted by
the state board.
   (5) The alignment of assessment with the statewide academically
rigorous content and performance standards adopted by the state
board.
   (6) The active, ongoing involvement of parents, classroom
teachers, administrators, other educators, governing board members of
school districts, and the public in all phases of the design and
implementation of the statewide pupil assessment program.
   (7) The development of a contract or contracts with a publisher or
publishers, after the approval of statewide academically rigorous
content standards by the state board, for the development of
performance standards and assessments of applied academic skills
designed to test pupils' knowledge of academic skills and abilities
to apply that knowledge and those skills in order to solve problems
and communicate.
   (b) The Superintendent shall develop and annually update for the
Legislature a five-year cost projection, implementation plan, and
timetable for implementing the program described in subdivision (a).
The annual update shall be submitted on or before March 1 of each
year to the chairperson of the fiscal subcommittee considering budget
appropriations in each house. The update shall explain any
significant variations from the five-year cost projection for the
current year budget and the proposed budget.
   (c) The Superintendent shall provide each school district with
guidelines for professional development that are designed to assist
classroom teachers to use the results of the assessments administered
pursuant to this chapter to modify instruction for the purpose of
improving pupil learning. These guidelines shall be developed in
consultation with classroom teachers and approved by the state board
before dissemination.
   (d) The Superintendent and the state board shall consider comments
and recommendations from school districts and the public in the
development, adoption, and approval of assessment instruments.
   (e) The results of the achievement test administered pursuant to
Article 4 (commencing with Section 60640) shall be returned to the
school district within the period of time specified by the state
board.
  SEC. 12.  Section 60604.5 is added to the Education Code, to read:
   60604.5.  It is the intent of the Legislature that the
reauthorization of the statewide pupil assessment program includes
all of the following:
   (a) A plan for transitioning to a system of high-quality
assessments, as defined in the federal Race to the Top guidance and
regulations.
   (b) Alignment with the standards developed pursuant to subdivision
(d) of Section 60605.8.
   (c) Any common assessments aligned with the standards developed
pursuant to subdivision (d) of Section 60605.8.
   (d) Conforms to the assessment requirements of any reauthorization
of the federal Elementary and Secondary Education Act or any other
federal law that effectively replaces that act.
  SEC. 13.  Section 60605.6 of the Education Code is amended to read:

   60605.6.  Subject to the availability of funds appropriated in the
annual Budget Act for this purpose, the Superintendent, upon
approval of the state board, shall contract for the development and
distribution of workbooks, as follows:
   (a) One workbook to be distributed to all pupils in grade 10. This
workbook shall contain information on the proficiency levels that
must be demonstrated by pupils on the high school exit examination
described in Chapter 9 (commencing with Section 60850). The workbook
also shall contain sample questions, with explanations describing how
these sample questions test pupil knowledge of the language arts and
mathematics content standards adopted by the state board pursuant to
Section 60605.
   (b) Separate workbooks for each of grades 2 to 11, inclusive. Each
pupil in grades 2 to 11, inclusive, who is required to take the
achievement tests described in Section 60642.5 shall receive a copy
of the workbook designed for the same grade level in which the pupil
is enrolled. These workbooks shall contain material to assist pupils
and their parents with standards-based learning, including the grade
appropriate academic content standards adopted by the state board
pursuant to Section 60605 and sample questions that require knowledge
of these standards to answer. The workbooks also shall describe how
the sample questions test knowledge of the state board adopted
academic content standards.
  SEC. 14.  Section 60605.7 is added to the Education Code, to read:
   60605.7.  The Superintendent, the state board, and any other
entity or individual designated by the Governor shall participate in
the Common Core State Standards Initiative consortium sponsored by
the National Governors Association and the Council of Chief State
School Officers or any associated or related interstate collaboration
to jointly develop common high-quality standards or assessments
aligned with the common set of standards.
  SEC. 15.  Section 60605.8 is added to the Education Code, to read:
   60605.8.  (a) There is hereby established the Academic Content
Standards Commission. The commission shall consist of 21 members,
appointed as follows:
   (1) Eleven members appointed by the Governor.
   (2) Five members appointed by the Senate Committee on Rules.
   (3) Five members appointed by the Speaker of the Assembly.
   (b) Members of the commission shall serve at the pleasure of the
appointing authority.
   (c) Not less than half of the members appointed by each of the
appointing authorities pursuant to subdivision (a) shall be current
public school elementary or secondary classroom teachers.
   (d) The commission shall develop academic content standards in
language arts and mathematics. The standards shall be internationally
benchmarked and build toward college and career readiness by the
time of high school graduation. Unless otherwise allowed by the
Secretary of the United States Department of Education, at least 85
percent of these standards shall be the common core academic
standards developed by the consortium or interstate collaboration set
forth in Section 60605.7.
   (e) Pursuant to the Bagley-Keene Act, Article 9 (commencing with
Sec. 11120) of Division 3 of Title 2 of the Government Code, all
meetings and hearings of the commission shall be open and available
to the public.
   (f) On or before July 15, 2010, the commission shall present its
recommended academic content standards to the state board.
   (g) On or before August 2, 2010, the state board shall do either
of the following:
   (1) Adopt the academic content standards as proposed by the
commission.
   (2) Reject the academic content standards as proposed by the
commission. If the state board rejects the standards it shall provide
a specific written explanation to the Superintendent, the Governor,
and the Legislature of the reasons why the proposed standards were
rejected.
   (h) The Superintendent and state board shall present to the
Governor and to the appropriate policy and fiscal committees of the
Legislature a schedule and implementation plan for integrating the
academic content standards adopted pursuant to this section into the
state educational system.
  SEC. 16.  Section 60605.9 is added to the Education Code, to read:
   60605.9.  Notwithstanding any other provision of law, the
limitation in paragraph (6) of subdivision (c) of Section 60200,
which requires that other criteria be approved at least 30 months
prior to the date that the materials are to be approved for adoption,
shall not apply to instructional materials adopted by the state
board that are aligned with the content standards adopted pursuant to
Section 60605.8 in each of the content areas for which standards are
revised or adopted.
  SEC. 17.  Section 60606 of the Education Code is amended to read:
   60606.  (a) After adopting an assessment of applied academic
skills for use in grades 4, 5, 8, and 10 pursuant to Section 60605,
the state board shall submit the instrument, once designated or
adopted, for review by the Statewide Pupil Assessment Review Panel,
which is hereby established.
   (b) The panel shall consist of six members. Three members shall be
appointed by the Governor, one member shall be appointed by the
Senate Committee on Rules, one member shall be appointed by the
Speaker of the Assembly, and one member shall be appointed by the
Superintendent. A majority of the panel shall consist of parents
whose children attend public schools in the state in kindergarten and
grades 1 to 12, inclusive.
   (c) Panel members shall serve two-year terms, without
compensation. No panel member shall serve more than two consecutive
terms.
   (d) The panel shall review the instrument specified in subdivision
(a) in order to ensure that the content of the instrument complies
with the requirements of Section 60614. Notwithstanding any other
provision of law, the panel may meet in closed session with a
publisher for the purpose of addressing questions and clarifying
issues that relate to ensuring that the content of the publisher's
test or assessment, as the case may be, complies with the
requirements of Section 60614.
   (e) The panel shall report its findings and recommendations to the
state board within 10 days of its receipt of the instrument. If the
panel fails to report within the required 10 days, the test or
assessment shall be deemed acceptable to the panel.
  SEC. 18.  Section 60640 of the Education Code is amended to read:
   60640.  (a) There is hereby established the Standardized Testing
and Reporting Program, to be known as the STAR Program.
   (b) From the funds available for that purpose, each school
district, charter school, and county office of education shall
administer to each of its pupils in grades 2 to 11, inclusive, the
standards-based achievement test provided for in Section 60642.5. The
state board shall establish a testing period to provide that all
schools administer these tests to pupils at approximately the same
time during the instructional year, except as necessary to ensure
test security and to meet the final filing date.
   (c) The publisher and the school district shall provide two makeup
days for the testing of previously absent pupils within the testing
period established by the state board in subdivision (b).
   (d) The governing board of the school district may administer
achievement tests in grades other than those required by subdivision
(b) as it deems appropriate.
   (e) Pursuant to Section 1412(a)(17) of Title 20 of the United
States Code, individuals with exceptional needs, as defined in
Section 56026, shall be included in the testing requirement of
subdivision (b) with appropriate accommodations in administration,
where necessary, and those individuals with exceptional needs who are
unable to participate in the testing, even with accommodations,
shall be given an alternate assessment.
   (f) (1) At the option of the school district, pupils with limited
English proficiency who are enrolled in any of grades 2 to 11,
inclusive, may take a second achievement test in their primary
language. Primary language tests administered pursuant to this
subdivision and subdivision (g) shall be subject to the requirements
of subdivision (a) of Section 60641. These primary language tests
shall produce individual pupil scores that are valid and reliable.
   (2) Notwithstanding any other law, the state board shall designate
for use, as part of this program, a single primary language test in
each language for which a test is available for grades 2 to 11,
inclusive, pursuant to the process used for designation of the
assessment chosen in the 1997-98 fiscal year, as specified in Section
60643, as applicable.
   (3) (A) The department shall use funds made available pursuant to
Title VI of the federal No Child Left Behind Act of 2001 (20 U.S.C.
Sec. 6301 et seq.) and appropriated by the annual Budget Act for the
purpose of developing and adopting primary language assessments that
are aligned to the state academic content standards. Subject to the
availability of funds, primary language assessments shall be
developed and adopted for reading/language arts and mathematics in
the dominant primary language of limited-English-proficient pupils.
The dominant primary language shall be determined by the count in the
annual language census of the primary language of each
limited-English-proficient pupil enrolled in the California public
schools.
   (B) Once a dominant primary language assessment is available for
use for a specific grade level, it shall be administered in place of
the assessment designated pursuant to paragraph (1) for that grade
level.
   (C) In choosing a contractor to develop a primary language
assessment the state board shall consider the criteria for choosing a
contractor or test publisher as specified by Section 60643, and as
specified by Section 60642.5, as applicable.
   (D) Subject to the availability of funds, the assessments shall be
developed in grade order starting with the lowest grade subject to
the STAR Program.
   (E) If the state board contracts for the development of primary
language assessments or test items to augment an existing assessment,
the state shall retain ownership rights to the assessment and the
test items. With the approval of the state board, the department may
license the test for use in other states subject to a compensation
agreement approved by the Department of Finance.
   (F) On or before January 1, 2006, the department shall submit to
the Legislature a report on the development and implementation of the
initial primary language assessments and recommendations on the
development and implementation of future assessments and funding
requirements.
   (g) A pupil identified as limited English proficient pursuant to
the administration of a test made available pursuant to Section 60810
who is enrolled in any of grades 2 to 11, inclusive, and who either
receives instruction in his or her primary language or has been
enrolled in a school in the United States for less than 12 months
shall be required to take a test in his or her primary language if a
test is available.
   (h) (1) The Superintendent shall apportion funds to school
districts to enable school districts to meet the requirements of
subdivisions (b), (e), (f), and (g).
   (2) The state board annually shall establish the amount of funding
to be apportioned to school districts for each test administered and
annually shall establish the amount that each publisher shall be
paid for each test administered under the agreements required
pursuant to Section 60643. The amounts to be paid to the publishers
shall be determined by considering the cost estimates submitted by
each publisher each September and the amount included in the annual
Budget Act, and by making allowance for the estimated costs to school
districts for compliance with the requirements of subdivisions (b),
(e), (f), and (g).
   (3) An adjustment to the amount of funding to be apportioned per
test shall not be valid without the approval of the Director of
Finance. A request for approval of an adjustment to the amount of
funding to be apportioned per test shall be submitted in writing to
the Director of Finance and the chairpersons of the fiscal committees
of both houses of the Legislature with accompanying material
justifying the proposed adjustment. The Director of Finance is
authorized to approve only those adjustments related to activities
required by statute. The Director of Finance shall approve or
disapprove the amount within 30 days of receipt of the request and
shall notify the chairpersons of the fiscal committees of both houses
of the Legislature of the decision.
   (i) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriation for
the apportionments made pursuant to paragraph (1) of subdivision (h),
and the payments made to the publishers under the contracts required
pursuant to Section 60643 or subparagraph (C) of paragraph (1) of
subdivision (a) of Section 60605 between the department and the
contractor, are "General Fund revenues appropriated for school
districts," as defined in subdivision (c) of Section 41202, for the
applicable fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII  B," as
defined in subdivision (e) of Section 41202, for that fiscal year.
   (j) As a condition to receiving an apportionment pursuant to
subdivision (h), a school district shall report to the Superintendent
all of the following:
   (1) The number of pupils enrolled in the school district in grades
2 to 11, inclusive.
   (2) The number of pupils to whom an achievement test was
administered in grades 2 to 11, inclusive, in the school district.
   (3) The number of pupils in paragraph (1) who were exempted from
the test at the request of their parents or guardians.
   (k) The Superintendent and the state board are authorized and
encouraged to assist postsecondary educational institutions to use
the assessment results of the California Standards Tests, including,
but not limited to, the augmented California Standards Tests, for
academic credit, placement, or admissions processes.
   (l) The Superintendent, with the approval of the state board,
annually shall release to the public test items from the
standards-based achievement tests pursuant to Section 60642.5
administered in previous years. The minimum number of test items
released per year shall be equal to 25 percent of the total number of
test items on the test administered in the previous year.
  SEC. 19.  Section 60643 of the Education Code is amended to read:
   60643.  (a) To be eligible for consideration under Section 60642.5
by the state board, test publishers shall agree in writing each year
to meet the following requirements, as applicable, if selected:
   (1) Enter into an agreement, pursuant to subdivision (e) or (f),
with the department by October 15 of that year.
   (2) Align the standards-based achievement test provided for in
Section 60642.5 to the academically rigorous content and performance
standards adopted by the state board.
   (3) Comply with subdivisions (c) and (d) of Section 60645.
   (4) Provide valid and reliable individual pupil scores to parents
or guardians, teachers, and school administrators.
   (5) Provide valid and reliable aggregate scores to school
districts and county boards of education in all of the following
forms and formats:
   (A) Grade level.
   (B) School level.
   (C) District level.
   (D) Countywide.
   (E) Statewide.
   (F) Comparison of statewide scores relative to other states.
   (6) Provide disaggregated scores, based on
limited-English-proficient status and nonlimited-English-proficient
status. For purposes of this section, pupils with
"nonlimited-English-proficient status" shall include the total of
those pupils who are English-only pupils, fluent-English-proficient
pupils, and redesignated fluent-English-proficient pupils. These
scores shall be provided to school districts and county boards of
education in the same forms and formats listed in paragraph (5).
   (7) Provide disaggregated scores by pupil gender and ethnicity and
provide disaggregated scores based on whether pupils are
economically disadvantaged or not. These disaggregated scores shall
be in the same forms and formats as listed in paragraph (5). In any
one year, the disaggregation shall entail information already being
collected by school districts, county offices of education, or
charter schools.
   (8) Provide disaggregated scores for pupils who have
individualized education programs and have enrolled in special
education, to the extent required by federal law. These scores shall
be provided in the same forms and formats listed in paragraph (5).
This section shall not be construed to exclude the scores of special
education pupils from any state or federal accountability system.
   (9) Provide information listed in paragraphs (5), (6), (7), and
(8) to the department and the state board in the medium requested by
each entity, respectively.
   (b) It is the intent of the Legislature that the publisher work
with the Superintendent and the state board in developing a
methodology to disaggregate statewide scores as required in
paragraphs (6) and (7) of subdivision (a), and in determining which
variable indicated on the STAR testing document shall serve as a
proxy for "economically disadvantaged" status pursuant to paragraph
(7) of subdivision (a).
   (c) Access to information about individual pupils or their
families shall be granted to the publisher only for purposes of
correctly associating test results with the pupils who produced those
results or for reporting and disaggregating test results as required
by this section. School districts are prohibited from excluding a
pupil from the test if a parent or parents decline to disclose
income. This chapter does not abridge or deny rights to
confidentiality contained in the federal Family Educational Rights
and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) or other applicable
state and federal law that protect the confidentiality of information
collected by educational institutions.
   (d) Notwithstanding any other law, the publisher of the
standards-based achievement test provided for in Section 60642.5 or
any contractor under subdivision (f) shall comply with all of the
conditions and requirements enumerated in subdivision (a), as
applicable, to the satisfaction of the state board.
   (e) (1) A publisher shall not provide a test described in Section
60642.5 or 60650 or in subdivision (f) of Section 60640 for use in
California public schools, unless the publisher enters into a written
contract with the department as set forth in this subdivision.
   (2) The department shall develop, and the state board shall
approve, a contract to be entered into with a publisher pursuant to
paragraph (1). The department may develop the contract through
negotiations with the publisher.
   (3) For purposes of the contracts authorized pursuant to this
subdivision, the department is exempt from the requirements of Part 2
(commencing with Section 10100) of Division 2 of the Public Contract
Code and from the requirements of Article 6 (commencing with Section
999) of Chapter 6 of Division 4 of the Military and Veterans Code.
   (4) The contracts shall include provisions for progress payments
to the publisher for work performed or costs incurred in the
performance of the contract. Not less than 10 percent of the amount
budgeted for each separate and distinct component task
                           provided for in each contract shall be
withheld pending final completion of all component tasks by that
publisher. The total amount withheld pending final completion shall
not exceed 10 percent of the total contract price.
   (5) The contracts shall require liquidated damages to be paid by
the publisher in the amount of up to 10 percent of the total cost of
the contract for any component task that the publisher through its
own fault or that of its subcontractors fails to substantially
perform by the date specified in the agreement.
   (6) The contracts shall establish the process and criteria by
which the successful completion of each component task shall be
recommended by the department and approved by the state board.
   (7) The publishers shall submit, as part of the contract
negotiation process, a proposed budget and invoice schedule, that
includes a detailed listing of the costs for each component task and
the expected date of the invoice for each completed component task.
   (8) The contracts shall specify the following component tasks, as
applicable, that are separate and distinct:
   (A) Development of new tests or test items as required by
paragraph (2) of subdivision (a).
   (B) Test materials production or publication.
   (C) Delivery of test materials to school districts.
   (D) Test processing, scoring, and analyses.
   (E) Reporting of test results to the school districts, including,
but not limited to, all reports specified in this section.
   (F) Reporting of test results to the department, including, but
not limited to, the electronic files required pursuant to this
section.
   (G) All other analyses or reports required by the Superintendent
to meet the requirements of state and federal law and set forth in
the agreement.
   (9) The contracts shall specify the specific reports and data
files, if any, that are to be provided to school districts by the
publisher and the number of copies of each report or file to be
provided.
   (10) The contracts shall specify the means by which any delivery
date for materials to each school district shall be verified by the
publisher and the school district.
   (11) School districts may negotiate a separate agreement with the
publisher for any additional materials or services not within the
contracts specified in this subdivision, including, but not limited
to, the administration of the tests to pupils in grade levels other
than grades 2 to 11, inclusive. Any separate agreement is not within
the scope of the contract specified in this subdivision.
   (f) The department, with approval of the state board, may enter
into a separate contract for the development or administration of a
test authorized pursuant to this part, including, but not limited to,
item development, coordination of tests, assemblage of tests or test
items, scoring, or reporting. The liquidated damages provision set
forth in paragraph (5) of subdivision (e) shall apply to a contract
entered into pursuant to this subdivision.
  SEC. 20.  Section 60643.1 of the Education Code is amended to read:

   60643.1.  (a) (1) The test publisher designated by the state board
pursuant to Section 60642 shall make available a reading list on the
Internet by June 1 of the applicable school year. The reading list
shall include an index that correlates ranges of pupil reading scores
on the English language arts portion of the achievement test
designated pursuant to Section 60642 to titles of materials that
would be suitable for pupils in each of grades 2 to 11, inclusive, to
read in order to improve their reading skills. This reading list
shall include titles of books that allow a pupil to practice reading
at his or her current reading level and that will assist the pupil in
achieving a higher level of proficiency. To the extent possible, the
index also shall include information related to the subject matter
of each title. At a minimum, the reading list also shall categorize
titles by subject matter and identify age-appropriate distinctions in
the list.
   (2) The test publisher, in each school year, shall make available
for purchase by school districts a report that provides a numerical
distribution of the reading scores of all pupils in California who
took the achievement test designated pursuant to Section 60642.
   (3) The test publisher, in each school year, shall make available
for purchase by school districts reading lists that can be
distributed to pupils based on a pupil's age and the ranges of scores
on the English language arts portion of the achievement test
designated pursuant to Section 60642.
   (4) The requirements of this subdivision shall become operative
only upon a determination by the Director of Finance that funds are
available to make an adjustment pursuant to subdivision (h) of
Section 60640.
   (b) The state board and the Superintendent jointly shall certify
that the process used by the publisher to determine the reading
levels of the corresponding reading list pursuant to paragraph (1) of
subdivision (a) meets the following criteria:
   (1) The process is educationally valid.
   (2) The process results in a reading list for each reading span
that provides titles at the pupil's current reading level and the
next higher level for challenging practice.
   (3) The process results in a selection from the universe of titles
from the list developed pursuant to subdivision (d) that matches
each reading level.
   (4) The process is unbiased in the selection of publishers' titles
from the legal compliance list.
   (c) The titles listed at each reading level range posted on the
Internet and the reading lists made available to school districts
pursuant to subdivision (a), at a minimum, shall include all relevant
literature materials approved as of September 1, 1999, as being
legally compliant pursuant to Article 3 (commencing with Section
60040) of Chapter 1 of Part 33, and the titles listed in all of the
content area reading and literature lists that are developed and
published by the department and that have been determined by the
department to meet the relevant reading level as certified pursuant
to subdivision (b).
   (d) By imposing the requirements of this section on publishers, it
is not the intent of the Legislature to unfairly disadvantage any
publisher who has otherwise met the requirements of this section or
of Article 3 (commencing with Section 60040) of Chapter 1 of Part 33.

  SEC. 21.  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.
   (5) To facilitate the ability of the state to publicly report
data, as specified in Section 6401(e)(2)(D) of the federal America
COMPETES Act (20 U.S.C. Sec. 9871) and as required by the federal
American Recovery and Reinvestment Act of 2009 (Public Law 111-5).
   (6) To ensure that any data access provided to researchers, as
required pursuant to the federal Race to the Top regulations and
guidelines is provided, only to the extent that the data access is in
compliance with the federal Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. Sec. 1232g).
   (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 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 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
from the department.
   (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. 22.  Section 1095 of the Unemployment Insurance Code is
amended to read:
   1095.  The director shall permit the use of any information in his
or her possession to the extent necessary for any of the following
purposes and may require reimbursement for all direct costs incurred
in providing any and all information specified in this section,
except information specified in subdivisions (a) to (e), inclusive:
   (a) To enable the director or his or her representative to carry
out his or her responsibilities under this code.
   (b) To properly present a claim for benefits.
   (c) To acquaint a worker or his or her authorized agent with his
or her existing or prospective right to benefits.
   (d) To furnish an employer or his or her authorized agent with
information to enable him or her to fully discharge his or her
obligations or safeguard his or her rights under this division or
Division 3 (commencing with Section 9000).
   (e) To enable an employer to receive a reduction in contribution
rate.
   (f) To enable federal, state, or local government departments or
agencies, subject to federal law, to verify or determine the
eligibility or entitlement of an applicant for, or a recipient of,
public social services provided pursuant to Division 9 (commencing
with Section 10000) of the Welfare and Institutions Code, or Part A
of Title IV of the Social Security Act, where the verification or
determination is directly connected with, and limited to, the
administration of public social services.
   (g) To enable county administrators of general relief or
assistance, or their representatives, to determine entitlement to
locally provided general relief or assistance, where the
determination is directly connected with, and limited to, the
administration of general relief or assistance.
   (h) To enable state or local governmental departments or agencies
to seek criminal, civil, or administrative remedies in connection
with the unlawful application for, or receipt of, relief provided
under Division 9 (commencing with Section 10000) of the Welfare and
Institutions Code or to enable the collection of expenditures for
medical assistance services pursuant to Part 5 (commencing with
Section 17000) of Division 9 of the Welfare and Institutions Code.
   (i) To provide any law enforcement agency with the name, address,
telephone number, birth date, social security number, physical
description, and names and addresses of present and past employers,
of any victim, suspect, missing person, potential witness, or person
for whom a felony arrest warrant has been issued, when a request for
this information is made by any investigator or peace officer as
defined by Sections 830.1 and 830.2 of the Penal Code, or by any
federal law enforcement officer to whom the Attorney General has
delegated authority to enforce federal search warrants, as defined
under Sections 60.2 and 60.3 of Title 28 of the Code of Federal
Regulations, as amended, and when the requesting officer has been
designated by the head of the law enforcement agency and requests
this information in the course of and as a part of an investigation
into the commission of a crime when there is a reasonable suspicion
that the crime is a felony and that the information would lead to
relevant evidence. The information provided pursuant to this
subdivision shall be provided to the extent permitted by federal law
and regulations, and to the extent the information is available and
accessible within the constraints and configurations of existing
department records. Any person who receives any information under
this subdivision shall make a written report of the information to
the law enforcement agency that employs him or her, for filing under
the normal procedures of that agency.
   (1) This subdivision shall not be construed to authorize the
release to any law enforcement agency of a general list identifying
individuals applying for or receiving benefits.
   (2) The department shall maintain records pursuant to this
subdivision only for periods required under regulations or statutes
enacted for the administration of its programs.
   (3) This subdivision shall not be construed as limiting the
information provided to law enforcement agencies to that pertaining
only to applicants for, or recipients of, benefits.
   (4) The department shall notify all applicants for benefits that
release of confidential information from their records will not be
protected should there be a felony arrest warrant issued against the
applicant or in the event of an investigation by a law enforcement
agency into the commission of a felony.
   (j) To provide public employee retirement systems in California
with information relating to the earnings of any person who has
applied for or is receiving a disability income, disability
allowance, or disability retirement allowance, from a public employee
retirement system. The earnings information shall be released only
upon written request from the governing board specifying that the
person has applied for or is receiving a disability allowance or
disability retirement allowance from its retirement system. The
request may be made by the chief executive officer of the system or
by an employee of the system so authorized and identified by name and
title by the chief executive officer in writing.
   (k) To enable the Division of Labor Standards Enforcement in the
Department of Industrial Relations to seek criminal, civil, or
administrative remedies in connection with the failure to pay, or the
unlawful payment of, wages pursuant to Chapter 1 (commencing with
Section 200) of Part 1 of Division 2 of, and Chapter 1 (commencing
with Section 1720) of Part 7 of Division 2 of, the Labor Code.
   (l) To enable federal, state, or local governmental departments or
agencies to administer child support enforcement programs under
Title IV of the Social Security Act (42 U.S.C. Sec. 651 et seq.).
   (m) To provide federal, state, or local governmental departments
or agencies with wage and claim information in its possession that
will assist those departments and agencies in the administration of
the Victims of Crime Program or in the location of victims of crime
who, by state mandate or court order, are entitled to restitution
that has been or can be recovered.
   (n) To provide federal, state, or local governmental departments
or agencies with information concerning any individuals who are or
have been:
   (1) Directed by state mandate or court order to pay restitution,
fines, penalties, assessments, or fees as a result of a violation of
law.
   (2) Delinquent or in default on guaranteed student loans or who
owe repayment of funds received through other financial assistance
programs administered by those agencies. The information released by
the director for the purposes of this paragraph shall not include
unemployment insurance benefit information.
   (o) To provide an authorized governmental agency with any or all
relevant information that relates to any specific workers'
compensation insurance fraud investigation. The information shall be
provided to the extent permitted by federal law and regulations. For
the purposes of this subdivision, "authorized governmental agency"
means the district attorney of any county, the office of the Attorney
General, the Department of Industrial Relations, and the Department
of Insurance. An authorized governmental agency may disclose this
information to the State Bar, the Medical Board of California, or any
other licensing board or department whose licensee is the subject of
a workers' compensation insurance fraud investigation. This
subdivision shall not prevent any authorized governmental agency from
reporting to any board or department the suspected misconduct of any
licensee of that body.
   (p) To enable the Director of the Bureau for Private Postsecondary
and Vocational Education, or his or her representatives, to access
unemployment insurance quarterly wage data on a case-by-case basis to
verify information on school administrators, school staff, and
students provided by those schools who are being investigated for
possible violations of Chapter 7 (commencing with Section 94700) of
Part 59 of the Education Code.
   (q) To provide employment tax information to the tax officials of
Mexico, if a reciprocal agreement exists. For purposes of this
subdivision, "reciprocal agreement" means a formal agreement to
exchange information between national taxing officials of Mexico and
taxing authorities of the State Board of Equalization, the Franchise
Tax Board, and the Employment Development Department. Furthermore,
the reciprocal agreement shall be limited to the exchange of
information that is essential for tax administration purposes only.
Taxing authorities of the State of California shall be granted tax
information only on California residents. Taxing authorities of
Mexico shall be granted tax information only on Mexican nationals.
   (r) To enable city and county planning agencies to develop
economic forecasts for planning purposes. The information shall be
limited to businesses within the jurisdiction of the city or county
whose planning agency is requesting the information, and shall not
include information regarding individual employees.
   (s) To provide the State Department of Developmental Services with
wage and employer information that will assist in the collection of
moneys owed by the recipient, parent, or any other legally liable
individual for services and supports provided pursuant to Chapter 9
(commencing with Section 4775) of Division 4.5 of, and Chapter 2
(commencing with Section 7200) and Chapter 3 (commencing with Section
7500) of Division 7 of, the Welfare and Institutions Code.
   (t) Nothing in this section shall be construed to authorize or
permit the use of information obtained in the administration of this
code by any private collection agency.
   (u) The disclosure of the name and address of an individual or
business entity that was issued an assessment that included penalties
under Section 1128 or 1128.1 shall not be in violation of Section
1094 if the assessment is final. The disclosure may also include any
of the following:
   (1) The total amount of the assessment.
   (2) The amount of the penalty imposed under Section 1128 or 1128.1
that is included in the assessment.
   (3) The facts that resulted in the charging of the penalty under
Section 1128 or 1128.1.
   (v) To enable the Contractors' State License Board to verify the
employment history of an individual applying for licensure pursuant
to Section 7068 of the Business and Professions Code.
   (w) To provide any peace officer with the Division of
Investigation in the Department of Consumer Affairs information
pursuant to subdivision (i) when the requesting peace officer has
been designated by the Chief of the Division of Investigation and
requests this information in the course of and as part of an
investigation into the commission of a crime or other unlawful act
when there is reasonable suspicion to believe that the crime or act
may be connected to the information requested and would lead to
relevant information regarding the crime or unlawful act.
   (x) To enable the Labor Commissioner of the Division of Labor
Standards Enforcement in the Department of Industrial Relations to
identify, pursuant to Section 90.3 of the Labor Code, unlawfully
uninsured employers. The information shall be provided to the extent
permitted by federal law and regulations.
   (y) To enable the Chancellor of the California Community Colleges,
in accordance with the requirements of Section 84754.5 of the
Education Code, to obtain quarterly wage data, commencing January 1,
1993, on students who have attended one or more community colleges,
to assess the impact of education on the employment and earnings of
students, to conduct the annual evaluation of district-level and
individual college 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.
   (z) To enable the Public Employees' Retirement System to seek
criminal, civil, or administrative remedies in connection with the
unlawful application for, or receipt of, benefits provided under Part
3 (commencing with Section 20000) of Division 5 of Title 2 of the
Government Code.
   (aa) To enable the State Department of Education, the University
of California, the California State University, and the Chancellor of
the California Community Colleges, pursuant to the requirements
prescribed by the federal American Recovery and Reinvestment Act of
2009 (Public Law 111-5), 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.
  SEC. 23.   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. 24.  This act shall become operative only if Senate Bill 4 of
the Fifth Extraordinary Session of 2009-10 is also enacted and
becomes operative.