INTRODUCED BY   Assembly Member Carter
   (Coauthors: Assembly Members Ammiano, Dickinson, Furutani, and V.
Manuel Pérez)
   (Coauthors: Senators Lowenthal and Negrete McLeod)

                        JANUARY 24, 2011

   An act to add  and repeal  Section 52052.3  to
  of  the Education Code, relating to academic


   AB 180, as amended, Carter. Education: academic performance.
   Existing law requires the Superintendent of Public Instruction,
with approval of the State Board of Education, to develop an Academic
Performance Index (API)  and   ,  as part
of the Public School Performance Accountability Program, to measure
the performance of schools, especially the academic performance of
pupils. The API consists of a variety of indicators including
specified achievement test scores, attendance rates, and graduation
rates. Existing law requires the Superintendent, with approval of the
state board, to develop an alternative accountability system for
specified types of schools, including, among others, community day
schools and continuation schools. Existing law allows these schools
to receive an API score, but prohibits them from being included in
the API rankings of schools.
   This bill  , until January 1, 2017,  would require the
Superintendent and the state board, as part of the alternative
accountability system for schools, to allow  a  
no more than 10  dropout recovery high  school
  schools  , as defined, to report the results of
an individual pupil growth model that is proposed by the school and
certified by the Superintendent pursuant to specified criteria
instead of reporting other indicators.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.

  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) Dropout recovery high schools provide significant social,
economic, and academic benefits to their pupils and to California's
population as a whole.
   (b) Research by the Alliance for Excellent Education demonstrates
that if only one-half of the dropouts were recovered in California's
six largest metropolitan areas, the economic benefits to California
would be staggering: those recovered dropouts would invest an
additional $247 million a year; increase home sales by $2.92 billion
during their careers; support an additional 6,800 jobs to the
midpoint of their careers; and increase state and local tax revenues
by $129 million every year.
   (c) Research further demonstrates that reengaged learners
demonstrate higher civic engagement, contribute to the cultural
strengths of their communities, and are significantly less likely to
be unemployed, on public assistance, or arrested for a violent crime.

   (d) Research further demonstrates that dropout recovery high
schools face a number of challenges in reengaging pupils into
academic endeavors, including:
   (1) Dropouts who reenter high school are significantly below grade
   (2) Pupils who drop out display a gradual process of disengagement
from school that encompasses years of academic and behavioral
difficulties, absenteeism, and stressful life circumstances.
   (3) Reengagement into a high school setting can be difficult and
take a significant amount of time.
   (4) Pupils who have dropped out once are significantly more likely
to drop out again. Research by WestEd found that one-half of the
dropouts who return to school stay for one year or less and that
one-third of returning dropouts fail to complete even one course
after they reenroll. The school district WestEd studied had a
graduate rate of 18 percent for recovered dropouts.
   (e) Successful dropout recovery high schools utilize multiple
strategies including state-of-the-art technology and career technical
education to reach the variety of learning modalities of the
population that they serve.
   (f) Successful dropout recovery schools typically enroll pupils
for less than four years, provide competency-based rather than seat
time-based instruction, and operate with open entry or open exit
   (g) Standardized testing depends on all pupils being present on a
fixed schedule with learning competencies within a narrower band of
averages than represented by dropouts. Research by the National
Governor's Association recognizes that seat time education in the
dropout recovery context is a substantial and unnecessary barrier.
The use of competency-based and open entry strategies result in
dropout recovery pupils not being in school at the time that
standardized tests are administered.
   (h) Support for successful dropout recovery high schools should
include an alternative assessment mechanism that measures the
individual growth in pupils that can be administered at the school
level when pupils are available. 
   SEC. 2.   SECTION 1.   Section 52052.3
is added to the Education Code, to read:
   52052.3.  (a) As part of the alternative accountability system for
schools developed pursuant to subdivision (h) of Section 52052, the
Superintendent and the state board shall allow  a 
 no more than 10  dropout recovery high  school
  schools  , as defined in subdivision (b), to
report, in lieu of other indicators, the results of an individual
pupil growth model that is proposed by the school and certified by
the Superintendent pursuant to subdivision (c).
   (b) For purposes of this section, "dropout recovery high school"
means a school offering instruction in any of grades 9 to 12,
inclusive, in which 50 percent or more of its pupils are designated
as dropouts pursuant to the exit and withdrawal codes developed by
the department and the school provides instruction in partnership
with any of the following:
   (1) The federal Workforce Investment Act of 1998 (29 U.S.C. Sec.
2801 et seq.).
   (2) Federally affiliated Youthbuild programs (42 U.S.C. Sec. 12899
et seq.).
   (3) Federal job corps training or instruction provided pursuant to
a memorandum of understanding with the federal provider.
   (4) The California Conservation Corps or local conservation corps
certified by the California Conservation Corps pursuant to Section
14406 or 14507.5 of the Public Resources Code.
   (c) The Superintendent shall review the individual pupil growth
model proposed by the dropout recovery high school and certify that
model if it meets all of the following criteria:
   (1) The model measures learning based on valid and reliable
nationally normed or criterion-referenced reading and mathematics
   (2) The model measures skills and knowledge aligned with state
   (3) The model measures the extent to which a pupil scored above an
expected amount of growth based on the individual pupil's initial
achievement score.
   (4) The model demonstrates the extent to which a school is able to
accelerate learning on an annual basis. 
   (d) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.