BILL ANALYSIS SENATE COMMITTEE ON EDUCATION Gloria Romero, Chair 2009-2010 5th Extraordinary Session BILL NO: SBx5 1 AUTHOR: Steinberg AMENDED: January 5, 2010 FISCAL COMM: Yes HEARING DATE: January 6, 2010 URGENCY: No CONSULTANT: Kathleen Chavira Lynn Lorber NOTE: This bill has been amended to replace its contents. Although this is the first time the bill is being heard in its current form its contents are similar to those of SB 4 (Romero) which was heard by this Committee on December 17, 2009. SUBJECT : Federal Race to the Top Funding SUMMARY This bill gives direction with regard to the state's application for federal Race to the Top funding and does all of the following. Establishes a framework for the state's application for federal Race to the Top funding and the related memoranda of understanding (MOU) with local educational agencies. Defines "low-achieving schools" and "persistently low-achieving schools" and sets forth intervention strategies to be followed in conformity to the Race to the Top regulations. Establishes the Science, Technology, Engineering, Math, and Career Technical Education Educator (STEM-CTE) Credentialing Program for purposes of providing alternative routes to the teacher credential. Extends authorization of state testing programs by two years, requires state involvement in the national SB 1 (5th Extraordinary Session) Page 2 academic content standards project and reestablishes a Standards Commission in order to revise California standards so that at least 85% will match the national standards. Authorizes the data in the California Educational Information System, alone or in conjunction with any other data system, to be used by local educational agencies for evaluating teachers and administrators and for making employment decisions, if those decisions are in compliance with specified public school employee collective bargaining law. BACKGROUND Federal law : Race to the Top (RTTT) The federal Department of Education has issued an invitation to the states to compete for approximately $4.35 Billion of American Recovery and Reinvestment Act (ARRA) one-time funding as Race to the Top grants, provided that the individual states meet the following requirements: Each state must be approved for State Fiscal Stabilization Fund money, and have no legal barriers to linking student achievement data to the evaluation of teachers and principals. In addition, each state must comprehensively address four assurances or areas of priority in education including: 1) Adopting high quality standards and assessments to prepare students for higher education or work. 2) Recruiting, developing, retaining and rewarding effective teachers and principals. 3) Creating data systems to measure student success and support instruction. 4) Turning around the lowest performing schools. States that fail to meet any of the above criteria are SB 1 (5th Extraordinary Session) Page 3 barred from competing for Race to the Top funds, but competition for Race to the Top funding among those states that meet the basic criteria will be determined by the quality of the states' plans and that will be determined by the degree to which the states address nineteen competitive criteria. (See Appendix II attached). States receiving State Fiscal Stabilization Funds are also required to provide data in each of these four areas of reform and must ensure the information is in place (or will shortly be in place) so that parents, teachers, and policymakers know where schools and students stand. Each reform plan criterion has an associated performance measure, for which states must set annual targets. Finally, each state's application must include certification from the state's attorney general that all elements accurately reflect the state's legal framework; and be signed by the Governor, the chief state schools officer (Superintendent of Public Instruction in California) and the president of the state board of education. States that are awarded funds must meet annual reporting requirements and progress measures, participate in national and state-level program evaluations, and make results publicly available. Federal Law : School Improvement Grants (SIG) On December 3, 2009, the U.S. Secretary of Education announced the final requirements for $3.5 billion in Title I School Improvement grants to be made available to states for the purpose of turning around the nation's lowest performing schools. According to the US Department of Education, it has fully aligned the school intervention models and related definitions across the Race to the Top, the State Fiscal Stabilization Fund Phase II, and the School Improvement Grants programs to make it easier for States to develop and implement consistent and coherent plans for turning around their persistently lowest-achieving schools. SIG grants are awarded by formula to States, which will then make competitive grants to local educational agencies SB 1 (5th Extraordinary Session) Page 4 (LEAs). Each State must give priority in awarding SIG funds to LEAs with persistently lowest-achieving schools and outlines the following three tiers of priority: Tier I: Any Title I school in improvement, corrective action, or restructuring that is among the lowest-achieving five percent of Title I schools in improvement, corrective action, or restructuring in the state or is a high school that has had a graduation rate that is less than 60 percent over a number of years. Tier II: Any secondary school that is eligible for, but does not receive, Title I funds that is among the lowest-achieving five percent of secondary schools in the State that are eligible for, but do not receive, Title I funds; or is a high school that has had a graduation rate that is less than 60 percent over a number of years. Tier III: Any Title I school in improvement, corrective action, or restructuring; which could include schools with low absolute performance but high growth rates over a number years, or the bottom 6-10 percent of Title I schools in improvement, corrective action, or restructuring. As they compete for the funds, school districts must identify the schools they want to transform, and then determine which of four models (turnaround, restart, school closure, or transformation) is most appropriate. If a school has begun implementation of one of these four models or components of one of these models within the last two years, it may apply to use SIG funds to continue to implement the full model. An LEA with more than nine Tier I and Tier II schools may not implement the transformation model in more than 50 percent of these schools. In Tier III schools, an LEA may implement any of these four models but may also choose other school improvement strategies. Applications for the grants are due by Feb. 8, 2010. Title I School Improvement Grants are funded by $546.6 million in the fiscal year 2009 appropriation and an additional $3 billion from the American Recovery and Reinvestment Act (ARRA). Federal Law: Pupil Data SB 1 (5th Extraordinary Session) Page 5 Current federal law, the Family Educational Rights and Privacy Act (FERPA) limits the disclosure of records that could lead to the identification of an individual student to the entity that collected the data. FERPA governs virtually all pupil data including health information, discipline records, and academic data. State Law: Current law requires the governing board of each school district to establish standards of expected pupil achievement at each grade level in each area of study and evaluate and assess certificated employee performance on various criteria including how the employee's performance reasonably relates to the progress of pupils towards the established standards and, if applicable, progress toward the state adopted academic content standards as measured by state adopted criterion referenced assessments. Current law requires an evaluation of each certificated employee at least once each school year for probationary personnel, at least every other year for personnel with permanent status, and at least every five years for employees who have at least 10 years of service with the school district. On December 14, 2009, a call was jointly issued by the Superintendent of Public Instruction, the President of the State Board of Education, and the Secretary of Education, inviting county and district superintendents and charter school administrators to participate in the state's application for federal funding under the Race to the Top initiative. Local education agencies that want to participate in the state's RTTT application must submit, by January 8, 2010, a Memorandum of Understanding (MOU) that reflects the local education agency's willingness to commit to partnering with the State in implementing each of the four reform areas. The MOU must be signed by the district superintendent (or an equivalent authorized signatory), and should be signed by the president of the local governing board (or an equivalent authorized signatory) and the local teachers union leader or an equivalent authorized signatory if applicable. Existing law authorizes the Commission on Teacher Credentialing (Commission) to approve institutions of higher education, school districts, and county offices of SB 1 (5th Extraordinary Session) Page 6 education to recommend to the Commission, the issuance of credentials to persons who have successfully completed a teacher education program (including an alternative certification program) sponsored by the organization if the program meets the standards approved by the Commission. Existing law establishes, within the Commission, the Committee on Accreditation (COA) and requires the COA to make decisions about the accreditation of educator preparation. The Civil Code (California Information Practices Act) currently prohibits a state agency from disclosing any personal information in a manner that would allow the identification of the individual to whom the information pertains with specific exceptions such as nonprofit educational institutions conducting scientific research provided that the Committee for the Protection of Human Subjects (CPHS), of the California Health and Human Services Agency, has approved the request for information. Current law authorizes the establishment of California Longitudinal Pupil Achievement Data System (CALPADS) to provide school districts and the California Department of Education (CDE) with data to comply with federal reporting requirements prescribed under the No Child Left Behind Act and to (1) improve the evaluation of educational progress and investments over time, (2) provide school districts with information that can be used to improve pupil achievement, and (3) provide an efficient, flexible, secure means of maintaining longitudinal statewide pupil level data. ANALYSIS With regard to the State's participation in the Race to the Top, this bill: 1) Authorizes the Superintendent of Public Instruction (SPI) and President of the State Board to enter into a memorandum of understanding (MOU) with local educational agencies (LEAs) for the purpose of participating in the Race to the Top. The local Superintendent, President of the Local Board and leader of teacher's bargaining unit are required to sign for each LEA. SB 1 (5th Extraordinary Session) Page 7 2) Requires the Governor, SPI and State Board, in collaborations with participating LEAs, to jointly develop the state's plan for Race to the Top. 3) Requires the Department of Finance to provide copies of the state plan(s) for participation in the Race to the Top to appropriate policy and fiscal committees of the Legislature when the plan(s) are submitted to the Attorney General for review as required by federal law. 4) Requires that the plan include an expenditure plan that addresses how RTTT and related federal funds are to be used to assist low-achieving schools. 5) Requires that, by January 1, 2011, the SPI contract for evaluation of the implementation of the state RTTT plan and further requires that the SPI convene a working group of legislative and executive staff to develop parameters for the evaluation and make recommendations for the request for proposals for the contract with an independent evaluator. 6) Requires that the evaluation be delivered to the Legislature, Governor and State Board by June 1, 2014, with an interim report due on June 1, 2012. With regard to low-achieving schools, this bill: 7) Defines "Low-achieving schools" as Title I schools that have been identified for improvement, corrective action or restructuring. 8) Defines "Persistently lowest-achieving schools" as schools that are in the lowest 5% of low-achieving schools (as defined above) and high schools that have graduated less than 60% of their pupils each year for the previous three years. 9) Authorizes the SPI and State Board of Education, for the purposes of identifying the lowest 5% of low-achieving schools, to use a methodology consistent with the one used to calculate the Academic Performance Index, unless the SPI and State Board develop a more appropriate methodology. Prior to the SB 1 (5th Extraordinary Session) Page 8 implementation of a methodology, the SPI and State Board must notify the appropriate policy and fiscal committees of the Legislature. 10) Allows county community schools, juvenile court schools, special education schools and schools that have grown at least 50 points on the API in the previous five years, to be exempted from the low-achieving categories if allowed by federal law, and not returned to the category by joint action of the SPI and State Board. Community day schools (operated by school districts) may be excluded by joint action of the State Board and SPI, if allowed by federal law. 11) Mandates that school district governing boards impose one of four intervention models, defined in federal law (see appendix 1), on persistently low-achieving schools that have not implemented a similar strategy within the past 2 years. Those intervention strategies are known as: a) The turnaround model b) The restart model. c) School closure. d) The transformational model. 12) Requires that local boards hold at least two public hearings prior to designating an intervention model for a persistently low-achieving school. 13) Permits a persistently low-performing school implementing the turnaround model or the transformational model to participate in a partnership with a mentor school, provided that all federal requirements are met as well. 14) Defines a "mentor school" as a school that has exited from "program improvement" status under the federal No Child Left Behind Act or has increased its API ranking by two or more deciles over the last five years. 15) Authorizes regional consortia established under the No Child Left Behind Act to use Race to the Top funds and requires them to provide support to local educational agencies with persistently low-achieving schools with SB 1 (5th Extraordinary Session) Page 9 various forms of assistance, including identifying strategies that provide financial incentives to recruit or retain staff and strategies that reward staff for improving pupil achievement and remove staff that have failed to do so. Regional consortia are also authorized to assist LEAs to implement teacher hiring policies in persistently lowest-achieving schools that are not seniority based, provided that the policies are consistent with local collective bargaining agreements. With regard to teacher credentialing, this bill: 16) Establishes the Science, Technology, Engineering, Math, and Career Technical Education Educator (STEM-CTE) Credentialing Program for purposes of providing alternative routes to credentialing. 17) Requires the Commission in consultation with the Committee on Accreditation, to establish by June 1, 2010, a process for authorizing alternative route educator preparation programs provided by school districts, county offices of education, community-based organizations (CBOs) and nongovernmental organizations (NGOs) and as such, adds CBOs and NGOs to the list of entities that may be approved to offer science, mathematics, and career technical education teacher preparation programs. Also authorizes the Commission to assess a fee on CBOs and NGOs seeking approval to participate in the STEM-CTE program. 18) Requires the Commission to authorize community-based or non-governmental organizations accredited by an organization that is recognized by the Council for Higher Education Accreditation (CHEA) and the United States Department of Education, and authorizes the Commission to establish alternative criteria, if necessary. With regard to standards and assessment, this bill: 19) Extends authorization for the Standardized Testing and Reporting (STAR) pupil assessment program by two years, from July 2011, to July 2013. SB 1 (5th Extraordinary Session) Page 10 20) Establishes the 21 member Academic Content Standards Commission comprised of 11 members appointed by the Governor and 5 members each appointed by the Senate Rules Committee and the Assembly Speaker, provided that at least half of each appointing power's appointees are public classroom teachers. 21) Requires the Academic Content Standards Commission to develop academic content standards in language arts and mathematics that are at least 85% the same as the national standards being developed by the Common Core State Standards Initiative. The Commission is required to report its recommendations to the state board by July 15, 2010, and the Board is required to accept or reject, with written reasons for rejection, by August 2, 2010. 22) Requires the committee that advises the SPI on matters relative to the Academic Performance Index (API) to make recommendations, by January 1, 2011, on how to measure group and individual academic performance growth and how to increase emphasis on the assessment of science and math. 23) Requires the SPI, the State Board and a representative appointed by the Governor to participate in the Common Core State Standards Initiative or any related effort to develop a common set of national standards. 24) Requires the SPI and State Board, in consultation with the SPI's advisory committee on API matters to make recommendations to the Legislature by January 1, 2011, on each of the following: a) Increasing emphasis on Science and Math in the API. b) Revising the API to include a measure of pupil skills and knowledge needed to obtain entry level employment. c) Revising the API to include a measure of pupil skills and knowledge needed to succeed in postsecondary education. SB 1 (5th Extraordinary Session) Page 11 d) And, by July 1, 2013, developing a method to determine group and individual academic performance growth from individual pupil results from a longitudinally valid assessment system, addressing any interactions with the Academic Performance Index (API). With regard to data systems and management, this bill: 25) Authorizes the data in the California Educational Information System, alone or in conjunction with any other data system, to be used by local educational agencies for evaluating teachers and administrators and for making employment decisions, if those decisions are in compliance with specified public school employee collective bargaining law. 26) Declares Legislative intent that by January 1, 2011, and to the extent funds are appropriated for this purpose, the California Department of Education ensure that data elements pertaining to success in the workforce as described in the federal America COMPETES Act be collected for career technical education programs operated by local educational agencies. 27) Authorizes the California 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 to facilitate, (1) the implementation of a longitudinal data system, (2) the transfer of data across educational segments and (3) the transfer of workforce data to the educational segments. 28) Expands the existing goals of the California Longitudinal Pupil Achievement Data System (CALPADS) to include the requirement that it facilitate the ability of the state to publicly report data, consistent with the requirements of the federal America COMPETES Act and AARA. 29) Authorizes the SPI, with approval of the State Board, to add data elements to CALPADS that are needed to comply with the federal reporting requirements SB 1 (5th Extraordinary Session) Page 12 delineated in ARRA and, prior to implementation, requires the California Department of Education and appropriate higher education agencies to submit an expenditure plan to the Department of Finance (DOF), to be provided by DOF to the Joint Legislative Budget Committee within 10 days of its receipt, detailing any related administrative and local educational agency costs. 30) Authorizes the California Department of Education, University of California, California State University, and the Chancellor of the California Community Colleges to obtain quarterly wage data beginning July 1, 2010, to the extent permitted by federal law, to assess, analyze, and report to the Legislature and Governor on the impact of education on employment/earnings of the students attending their respective segments, and the higher education system's performance in achieving priority educational outcomes. With regard to pupil data, this bill : 31) Clarifies that fees or charges imposed upon researchers applying for access to individually identifiable data, (authorized by SB 2 (Simitian) of the 5th Extraordinary Session) must be imposed and must equal the actual costs incurred by the Department of Education in responding to the applicant's request. Contingent enactment provisions: 36) Makes its provisions contingent upon the enactment of SB 4 (Romero) of the 5th Extraordinary Session. STAFF COMMENTS 1) Bills are linked . This bill and SB 4 (Romero) both contain contingent enactment provisions. This bill becomes operative only if SB 4 of the Fifth Extraordinary Session is also enacted and becomes operative. 2) Related legislation. Other bills introduced in the 5th Extraordinary Session include: SB 1 (5th Extraordinary Session) Page 13 SB 4 (Romero) - As it was heard and passed by this committee on December 17, 2009 (7-0), proposed several changes to law in an effort to make California more competitive for federal K-12 Race to the Top (RTTT) grants. This bill is nearly identical to SB 4 as it was previously heard by this committee, but omits any provisions related to open enrollment and parental involvement. SB 2 (Simitian) - Develops a process for reviewing and responding to requests for individual pupil data records housed in the emerging pre-school through higher education statewide longitudinal educational data system (P-20 data system). SB 2 was passed by the Legislature on December 17, 2009, and is currently before the Governor awaiting action. This bill makes the following clarifications regarding the fees or charges imposed upon researchers: a) SB 2 references fees or charges that may be imposed, while this bill references fees or charges that shall be imposed. b) SB 2 prohibited any fees or charges from exceeding actual costs, while this bill requires fees or charges to be equal to actual costs. AB 8 (Brownley) - Declares legislative intent and provides statutory direction concerning the state's application for Race to the Top funds and contains provisions related to lifting the cap on charter schools as well as imposing new requirements for charter school renewal, intervention in persistently low achieving schools, professional development, standards and assessment and allocating RTTT funds. Although AB 8 was scheduled to be heard in this committee on December 17, 2009, its hearing was cancelled at the request of the author. 3) Related regular session legislation. SB 19 (Simitian) in the 2009-10 Regular Session repealed the firewall and addressed statutory changes related to the collection and use of data necessary to qualify for American Recovery and Reinvestment Act (ARRA) funding. SB 19 was signed into law by Governor Schwarzenegger on October 11, 2009. SB 1 (5th Extraordinary Session) Page 14 4) STEM-CTE programs : Currently, institutions of higher education must be accredited by a regional accrediting organization such as the Western Association of Schools and Colleges in order to be eligible to seek approval from the Commission to offer teacher preparation programs. Because regional accrediting associations may not accredit CBOs or NGOs, these entities may not be able to meet this essential eligibility "precondition." The bill requires the Commission and the COA to establish a process for approving programs, yet the bill also appears to require the Commission to authorize community-based or nongovernmental organizations if those entities are accredited by an accrediting body recognized by the Council for Higher Education Accreditation and the US Department of Education. It appears to be the intent that the Commission consider community-based or nongovernmental organizations accredited by an accrediting organization recognized by CHEA or the US Department of Education as satisfying the precondition of accreditation may be necessary. Future legislation may be necessary to clarify this intent. SUPPORT (none received on this version of the bill) OPPOSITION (none received on this version of the bill) SB 1 (5th Extraordinary Session) Page 15 Appendix I Federal School Intervention Models (Appendix C in the Notice of Final Priorities, Requirements, Definitions, and Selection Criteria; and in the Notice Inviting Applications) There are four school intervention models referred to in Selection Criterion (E)(2): turnaround model, restart model, school closure, or transformation model. Each is described below. (a) Turnaround model. (1) A turnaround model is one in which an LEA must-- (i) Replace the principal and grant the principal sufficient operational flexibility (including in staffing, calendars/time, and budgeting) to implement fully a comprehensive approach in order to substantially improve student achievement outcomes and increase high school graduation rates; (ii) Use locally adopted competencies to measure the effectiveness of staff who can work within the turnaround environment to meet the needs of students, (A) Screen all existing staff and rehire no more than 50 percent; and (B) Select new staff; (iii) Implement such strategies as financial incentives, increased opportunities for promotion and career growth, and more flexible work conditions that are designed to recruit, place, and retain staff with the skills necessary to meet the needs of the students in the turnaround school; (iv) Provide staff with ongoing, high-quality, job-embedded professional development that is aligned with the school's comprehensive instructional program and designed with school staff to ensure that they are equipped to facilitate effective teaching and learning and have the capacity to successfully implement school reform strategies; (v) Adopt a new governance structure, which may include, but is not limited to, requiring the school to report to a new "turnaround office" in the LEA or SEA, hire a "turnaround leader" who reports directly to the Superintendent or Chief Academic Officer, or enter into a multi-year contract with the LEA or SEA to obtain added flexibility in exchange for greater accountability; SB 1 (5th Extraordinary Session) Page 16 (vi) Use data to identify and implement an instructional program that is research-based and "vertically aligned" from one grade to the next as well as aligned with State academic standards; (vii) Promote the continuous use of student data (such as from formative, interim, and summative assessments) to inform and differentiate instruction in order to meet the academic needs of individual students; (viii) Establish schedules and implement strategies that provide increased learning time (as defined in this notice); and (ix) Provide appropriate social-emotional and community-oriented services and supports for students. (2) A turnaround model may also implement other strategies such as- (i) Any of the required and permissible activities under the transformation model; or (ii) A new school model (e.g., themed, dual language academy). (b) Restart model. A restart model is one in which an LEA converts a school or closes and reopens a school under a charter school operator, a charter management organization (CMO), or an education management organization (EMO) that has been selected through a rigorous review process. (A CMO is a non-profit organization that operates or manages charter schools by centralizing or sharing certain functions and resources among schools. An EMO is a for-profit or non-profit organization that provides "whole-school operation" services to an LEA.) A restart model must enroll, within the grades it serves, any former student who wishes to attend the school. (c) School closure. School closure occurs when an LEA closes a school and enrolls the students who attended that school in other schools in the LEA that are higher achieving. These other schools should be within reasonable proximity to the closed school and may include, but are not limited to, charter schools or new schools for which achievement data are not yet available. (d) Transformation model. A transformation model is one in which an LEA implements each of the following strategies: (1) Developing and increasing teacher and school leader effectiveness. SB 1 (5th Extraordinary Session) Page 17 (i) Required activities. The LEA must-- (A) Replace the principal who led the school prior to commencement of the transformation model; (B) Use rigorous, transparent, and equitable evaluation systems for teachers and principals that-- (1) Take into account data on student growth as a significant factor as well as other factors such as multiple observation-based assessments of performance and ongoing collections of professional practice reflective of student achievement and increased high-school graduations rates; and (2) Are designed and developed with teacher and principal involvement; (C) Identify and reward school leaders, teachers, and other staff who, in implementing this model, have increased student achievement and high-school graduation rates and identify and remove those who, after ample opportunities have been provided for them to improve their professional practice, have not done so; (D) Provide staff with ongoing, high-quality, job-embedded professional development (e.g., regarding subject-specific pedagogy, instruction that reflects a deeper understanding of the community served by the school, or differentiated instruction) that is aligned with the school's comprehensive instructional program and designed with school staff to ensure they are equipped to facilitate effective teaching and learning and have the capacity to successfully implement school reform strategies; and (E) Implement such strategies as financial incentives, increased opportunities for promotion and career growth, and more flexible work conditions that are designed to recruit, place, and retain staff with the skills necessary to meet the needs of the students in a transformation school. (ii) Permissible activities. An LEA may also implement other strategies to develop teachers' and school leaders' effectiveness, such as-- (A) Providing additional compensation to attract and retain staff with the skills necessary to meet the needs of the students in a transformation school; (B) Instituting a system for measuring changes in instructional practices resulting from professional development; or (C) Ensuring that the school is not required to accept a teacher without the mutual consent of the teacher and principal, regardless of the teacher's seniority. SB 1 (5th Extraordinary Session) Page 18 (2) Comprehensive instructional reform strategies. (i) Required activities. The LEA must-- (A) Use data to identify and implement an instructional program that is research-based and "vertically aligned" from one grade to the next as well as aligned with State academic standards; and (B) Promote the continuous use of student data (such as from formative, interim, and summative assessments) to inform and differentiate instruction in order to meet the academic needs of individual students. (ii) Permissible activities. An LEA may also implement comprehensive instructional reform strategies, such as-- (A) Conducting periodic reviews to ensure that the curriculum is being implemented with fidelity, is having the intended impact on student achievement, and is modified if ineffective; (B) Implementing a schoolwide "response-to-intervention" model; (C) Providing additional supports and professional development to teachers and principals in order to implement effective strategies to support students with disabilities in the least restrictive environment and to ensure that limited English proficient students acquire language skills to master academic content; (D) Using and integrating technology-based supports and interventions as part of the instructional program; and (E) In secondary schools-- (1) Increasing rigor by offering opportunities for students to enroll in advanced coursework (such as Advanced Placement or International Baccalaureate; or science, technology, engineering, and mathematics courses, especially those that incorporate rigorous and relevant project-, inquiry-, or design-based contextual learning opportunities), early-college high schools, dual enrollment programs, or thematic learning academies that prepare students for college and careers, including by providing appropriate supports designed to ensure that low-achieving students can take advantage of these programs and coursework; (2) Improving student transition from middle to high school through summer transition programs or freshman academies; (3) Increasing graduation rates through, for example, credit-recovery programs, re-engagement strategies, smaller learning communities, competency-based instruction and performance-based assessments, and acceleration of basic SB 1 (5th Extraordinary Session) Page 19 reading and mathematics skills; or (4) Establishing early-warning systems to identify students who may be at risk of failing to achieve to high standards or graduate. (3) Increasing learning time and creating community-oriented schools. (i) Required activities. The LEA must-- (A) Establish schedules and implement strategies that provide increased learning time (as defined in this notice); and (B) Provide ongoing mechanisms for family and community engagement. (ii) Permissible activities. An LEA may also implement other strategies that extend learning time and create community-oriented schools, such as-- (A) Partnering with parents and parent organizations, faith- and community-based organizations, health clinics, other State or local agencies, and others to create safe school environments that meet students' social, emotional, and health needs; (B) Extending or restructuring the school day so as to add time for such strategies as advisory periods that build relationships between students, faculty, and other school staff; (C) Implementing approaches to improve school climate and discipline, such as implementing a system of positive behavioral supports or taking steps to eliminate bullying and student harassment; or (D) Expanding the school program to offer full-day kindergarten or pre-kindergarten. (4) Providing operational flexibility and sustained support. (i) Required activities. The LEA must-- (A) Give the school sufficient operational flexibility (such as staffing, calendars/time, and budgeting) to implement fully a comprehensive approach to substantially improve student achievement outcomes and increase high school graduation rates; and (B) Ensure that the school receives ongoing, intensive technical assistance and related support from the LEA, the SEA, or a designated external lead partner organization (such as a school turnaround organization or an EMO). (ii) Permissible activities. The LEA may also implement other strategies for providing operational flexibility and intensive support, such as-- (A) Allowing the school to be run under a new governance SB 1 (5th Extraordinary Session) Page 20 arrangement, such as a turnaround division within the LEA or SEA; or (B) Implementing a per-pupil school-based budget formula that is weighted based on student needs. If a school identified as a persistently lowest-achieving school has implemented, in whole or in part within the last two years, an intervention that meets the requirements of the turnaround, restart, or transformation models, the school may continue or complete the intervention being implemented. SB 1 (5th Extraordinary Session) Page 21 Appendix II Race To The Top Selection Criteria & Points A. State Success Factors (125 Points) (1) Articulating State's education reform agenda and LEA's participation in it (i) Articulating comprehensive, coherent reform agenda (ii) Securing LEA commitment (iii) Translating LEA participation into statewide impact (2) Building strong statewide capacity to implement, scale up, and sustain proposed plans (i) Ensuring the capacity to implement (ii) Using broad stakeholder support (3) Demonstrating significant progress in raising achievement and closing gaps (i) Making progress in each reform area (ii) Improving student outcomes B. Standards and Assessments (70 Points) (1) Developing and adopting common standards | (i) Participating in consortium developing high-quality standards (ii) Adopting standards (2) Developing and implementing common, high-quality assessments (3) Supporting the transition to enhanced standards and |high-quality assessments SB 1 (5th Extraordinary Session) Page 22 C. Data Systems to Support Instruction (47 Points) (1) Fully implementing a statewide longitudinal data system (2) Accessing and using State data (3) Using data to improve instruction D. Great Teachers and Leaders (138 Points) Eligibility Requirement (b) - Linking student data to teachers and principals (1) Providing high-quality pathways for aspiring teachers and principals (2) Improving teacher and principal effectiveness based on performance (i) Measuring student growth (ii) Developing evaluation systems (iii) Conducting annual evaluations (iv) Using evaluations to inform key decisions (3) Ensuring equitable distribution of effective teachers and principals (i) Ensuring equitable distribution in high-poverty or high-minority schools (ii) Ensuring equitable distribution in hard-to-staff subjects and specialty areas (4) Improving the effectiveness of teacher and principal preparation programs (5) Providing effective support to teachers and principals E. Turning Around the Lowest-Achieving Schools (50 Points) (1) Intervening in the lowest-achieving schools and LEAs (2) Turning around the lowest-achieving schools SB 1 (5th Extraordinary Session) Page 23 (i) Identifying the persistently lowest-achieving schools (ii) Turning around the persistently lowest-achieving schools F. General (55 Points) Eligibility Requirements (a) - State application must be approved by the Department | (1) Making education funding a priority (2) Ensuring successful conditions for high-performing charter schools and other innovative schools (3) Demonstrating other significant reform conditions Competitive Preference Priority 2: Emphasis on STEM (15 Points)