BILL NUMBER: AB 203	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 2, 2011
	AMENDED IN SENATE  AUGUST 30, 2011
	AMENDED IN SENATE  AUGUST 15, 2011
	AMENDED IN SENATE  JULY 12, 2011
	AMENDED IN SENATE  JUNE 29, 2011
	AMENDED IN ASSEMBLY  MAY 11, 2011
	AMENDED IN ASSEMBLY  APRIL 27, 2011
	AMENDED IN ASSEMBLY  MARCH 21, 2011

INTRODUCED BY   Assembly Member Brownley
   (Coauthor: Senator Alquist)

                        JANUARY 27, 2011

   An act to amend Sections 53300 and 53302 of, and to add Sections
53300.5, 53304, and 53305 to, the Education Code, relating to school
intervention.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 203, as amended, Brownley. Public schools: parent empowerment:
school intervention.
   Existing law requires a local educational agency to implement one
of several specified interventions for a school not identified as a
persistently lowest-achieving school that, after one full school
year, fails to meet specified criteria and has a specified percentage
of parents and legal guardians of pupils sign a petition requesting
the local educational agency to implement at least one of 5 specified
interventions. Existing law requires a local educational agency to
implement the intervention option requested by the petition unless
the agency makes a specified finding in a regularly scheduled public
hearing. Existing law limits the number of schools subject to a
petition pursuant to these provisions to 75.
   This bill would require interventions to be implemented also for a
school that is identified as persistently lowest-achieving but does
not receive specified school improvement grant funding. The bill
would require a governing board of a local educational agency to
allow parents and legal guardians to provide testimony at the
regularly scheduled public hearing. To the extent these provisions
would impose additional duties on local educational agencies, the
bill would impose a state-mandated local program.
   The bill would prohibit more than one parent or legal guardian per
pupil from signing a petition, and would require the  parent
empowerment  petition, and, if the petition includes a
specific charter school operator, a summary of the charter petition,
to meet specified language requirements. The bill would require, if
the petition includes a specific charter school operator, that the
charter petition include specified elements. The bill would require
that, if paid signature gatherers are being used, the petition
include a statement indicating that some signature gatherers may be
paid. The bill would require all parties involved in the signature
gathering process to adhere to specified school procedures. The bill
would require the State Department of Education to provide specified
information on its Internet Web site, in easy to understand terms,
regarding the petition process, the 5 intervention options that
parents and legal guardians may request, a sample petition that meets
specified requirements, and an up-to-date list of schools that have
implemented an intervention pursuant to these provisions. The bill
also would make clarifying changes to, and provide definitions for,
those intervention petition provisions.
   The bill would require the schoolsite council at each school that
is eligible for a petition to be submitted pursuant to these
provisions to provide, at its next scheduled meeting, or a meeting
within 90 days, whichever is sooner, information regarding the
petition process, including the intervention options available and
the process for submitting a petition. By imposing new duties on
school districts, this bill would impose a state-mandated local
program.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  It is the intent of the Legislature to provide parents
with adequate information to make an informed decision on whether to
sign a petition or initiate a petition pursuant to Article 3
(commencing with Section 53300) of Chapter 18 of Part 28 of Division
4 of Title 2 of the Education Code. It is further the intent of the
Legislature that local governing boards with schools that are
eligible for the parent empowerment program, at a regularly scheduled
meeting, provide information on the parent empowerment program, such
as a description of the intervention models, the petition process,
and responsibilities of the school, parents, and organizations that
are initiating and signing the petition, and allow parents to provide
testimony on the program and intervention models.
  SEC. 2.  Section 53300 of the Education Code is amended to read:
   53300.  (a) (1) For any school that is not identified as a
persistently lowest achieving school, or is identified as a
persistently lowest achieving school but does not receive funding
under the federal School Improvement Grant Program pursuant to
Section 6303 of Title 20 of the United States Code, that, after one
full school year of corrective action pursuant to paragraph (7) of
Section 1116(b) of the federal Elementary and Secondary Education Act
(20 U.S.C. Sec. 6301 et seq.), continues to fail to make adequate
yearly progress, and has an Academic Performance Index score of less
than 800, and where at least one-half of the parents or legal
guardians of pupils attending the school, or a combination of at
least one-half of the parents or legal guardians of pupils attending
the school and the elementary or middle schools that normally
matriculate into a middle or high school, as applicable, sign a
petition requesting the local educational agency to implement one or
more of the four interventions identified pursuant to paragraphs (1)
to (4), inclusive, of subdivision (a) of Section 53202 or the
federally mandated alternative governance arrangement pursuant to
Section 1116(b)(8)(B)(v) of the federal Elementary and Secondary
Education Act (20 U.S.C. Sec. 6301 et seq.), the local educational
agency shall implement the option requested by the parents and legal
guardians unless, in a regularly scheduled public hearing, the local
educational agency makes a finding in writing stating the reason it
cannot implement the specific recommended option and instead
designates in writing which of the other options described in this
section it will implement in the subsequent school year consistent
with requirements specified in federal regulations and guidelines for
schools subject to restructuring under Section 1116(b)(8) of the
federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301
et seq.) and regulations and guidelines for the four interventions
identified pursuant to paragraphs (1) to (4), inclusive, of
subdivision (a) of Section 53202.
   (2) At the regularly scheduled public hearing required pursuant to
paragraph (1), the governing board of a local educational agency
shall allow parents and legal guardians to provide testimony
regarding the petition or the written findings.
   (b) For purposes of this article, all of the following
requirements shall apply:
   (1) The petition shall meet the language requirements of Section
48985. If the petition includes a specific charter operator, a
summary of the charter petition, as described in paragraph (2), also
shall meet the language requirements of Section 48985.
   (2) If a petition includes a specific charter school operator, the
charter petition shall include, but is not limited to, a summary of
the charter elements described in paragraph (5) of subdivision (b) of
Section 47605.
   (3) If a petition requests the restart model pursuant to paragraph
(2) of subdivision (a) of Section 53202, the petition shall include
the following statement:

   "Because charter schools have flexibility under existing law, the
programs, policies, and committees currently available to parents
(for example: school and district English Learner Advisory Councils
and parent waiver options under Sections 310 and 311 of the Education
Code) may or may not be available in a charter school."

   (c) All of the following shall apply with respect to petition
signatures:
   (1) No more than one parent or legal guardian per pupil may sign a
petition.
   (2) A petition that includes signatures of parents or legal
guardians of pupils attending elementary or middle schools that
normally matriculate into a middle or high school shall include
signatures of parents or legal guardians representing at least 35
percent of pupils attending the school for which the petition is
submitted. 
   (3) Signatures shall be verified by the district of the school for
which the petition is submitted and, if applicable, the district of
the elementary or middle schools that normally matriculate into a
middle or high school, using common verification documents that
contain parent or legal guardian signatures effective on the date the
petition is submitted.  
   (3) If a district elects to verify the signatures on a petition,
both of the following shall apply:  
   (A) The district of the elementary or middle schools that normally
matriculate into a middle or high school for which a petition is
submitted shall assist in verifying the signatures of parents and
legal guardians of pupils who attend schools in its jurisdiction.
 
   (B) Common verification documents that contain parent or legal
guardian signatures effective on the date the petition is submitted
shall be used for verifying signatures. 
   (4) If paid signature gatherers are being used, the petition shall
include a statement indicating that some signature gatherers may be
paid, and the individual being requested to sign a petition may ask
the signature gatherer if he or she is being paid to collect
signatures. If asked, signature gatherers shall disclose whether they
are being paid to collect signatures.
   (5) All parties involved in the signature gathering process shall
adhere to all schoolsite hours of operation, school and local
educational agency safety policies, and visitor sign-in procedures.
  SEC. 3.  Section 53300.5 is added to the Education Code, to read:
   53300.5.  (a) When the list of schools eligible for a parent
empowerment petition is made available by the department, the
schoolsite council at each of those schools shall provide, at its
next scheduled meeting, or at a meeting within 90 days, whichever is
sooner, information regarding the petition process, including the
intervention options available to parents and legal guardians and the
process for submitting a petition.
   (b) A local educational agency shall include, in the notice of
restructuring planning or restructuring status pursuant to Section
1116(b)(1)(E) of the federal Elementary and Secondary Education Act
of 2001 (20 U.S.C. Sec. 6301 et seq.), a notice that the schoolsite
council at a school that has been identified as eligible for a
petition is required to hold an informational meeting on the petition
process, pursuant to subdivision (a).
  SEC. 4.  Section 53302 of the Education Code is amended to read:
   53302.  (a) No more than 75 schools shall be subject to a petition
authorized by this article.
   (b) A petition shall be counted toward this limit upon the
Superintendent and state board receiving notice from the local
educational agency of its final disposition of the petition.
  SEC. 5.  Section 53304 is added to the Education Code, to read:
   53304.  The department shall provide all of the following, in easy
to understand terms, on its Internet Web site:
   (a) Information regarding the petition process authorized pursuant
to this article and the five intervention options referenced in
Section 53300 that parents and legal guardians may request.
   (b) A sample petition that can be used by interested petitioners.
The sample petition shall be available in English and the 
four   three  most common languages other than
English, according to the department's Clearinghouse for Multilingual
Documents. Petitioners shall not be required to use the sample
petition, but alternate petitions shall contain all components
required by law.
   (c) An up-to-date list of the schools that have implemented an
intervention pursuant to this article, including the type of
intervention adopted and the date the department received
notification from a local educational agency of the final disposition
of the petition pursuant to subdivision (a) of Section 53301.
  SEC. 6.  Section 53305 is added to the Education Code, to read:
   53305.  For purposes of this article, the following terms have the
following meanings:
   (a) "Parents or legal guardians" means the natural or adoptive
parents, legal guardians, or other persons holding the right to make
educational decisions for the pupil pursuant to Section 56028 or
56055, or Section 361 or 727 of the Welfare and Institutions Code,
including, but not limited to, foster parents who hold rights to make
educational decisions on the date the petition is submitted.
   (b) "A combination of at least one-half of the parents or legal
guardians of pupils attending the school and the elementary or middle
schools that normally matriculate into a middle or high school, as
applicable" means one-half of the total number of parents and legal
guardians of pupils attending all of the following:
    (1) The school for which the petition is submitted.
   (2) All of the elementary or middle schools that normally
matriculate into the elementary, middle, or high school for which a
petition is submitted, as applicable.
  SEC. 7.  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.