BILL NUMBER: AB 224 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY APRIL 7, 2011
INTRODUCED BY Assembly Member Bonilla
FEBRUARY 2, 2011
An act to amend Section 52052 of the Education Code, relating to
school accountability.
LEGISLATIVE COUNSEL'S DIGEST
AB 224, as amended, Bonilla. School accountability: Academic
Performance Index.
The Public Schools Accountability Act of 1999 requires the
Superintendent of Public Instruction to develop an Academic
Performance Index (API), which measures the performance of schools
and the academic performance of pupils and consists of a variety of
indicators, including pupil scores from a list of specified tests.
The results of those specified tests constitute 60% of the value of
the API.
This bill , instead, would require that from July 1,
2013, to June 30, 2016, inclusive, the results of those tests
constitute at least 50% of the value of the API. Commencing
, commencing with the 2012-13 fiscal year, would
require the Superintendent, in consultation with the State
Board of Education, would be required to
incorporate various indicators into the API, including high school
graduation rates, rates by which pupils complete a course of study at
an achievement level that fulfills the requirements and
prerequisites for admission to California public institutions of
postsecondary education, and rates by which pupils complete a course
of study that provides the skills and knowledge necessary to attain
entry-level employment in business or industry when they graduate
from high school. The indicators incorporated by the
Superintendent would constitute the other 50% of the API. The
Superintendent would be required to implement these percentage
adjustments to the API commencing with the 2016-17 fiscal year.
Existing law requires the Superintendent to establish an advisory
committee to advise the Superintendent and the State Board
of Education state board on the creation of the
API and to make related recommendations.
This bill would require the advisory committee to make
recommendations relative to implementing the requirements imposed by
this bill. The advisory committee also would be required to develop
recommendations for the inclusion of multiple measures in the API of
middle and junior high schools.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 52052 of the Education Code is amended to read:
52052. (a) (1) Except as provided pursuant to subdivision (c),
the Superintendent, with approval of the state board, shall develop
an Academic Performance Index (API), to measure the performance of
schools, especially the academic performance of pupils.
(2) A school shall demonstrate comparable improvement in academic
achievement as measured by the API by all numerically significant
pupil subgroups at the school, including:
(A) Ethnic subgroups.
(B) Socioeconomically disadvantaged pupils.
(C) English language learners.
(D) Pupils with disabilities.
(3) (A) For purposes of this section, a numerically significant
pupil subgroup is one that meets both of the following criteria:
(i) The subgroup consists of at least 50 pupils each of whom has a
valid test score.
(ii) The subgroup constitutes at least 15 percent of the total
population of pupils at a school who have valid test scores.
(B) If a subgroup does not constitute 15 percent of the total
population of pupils at a school who have valid test scores, the
subgroup may constitute a numerically significant pupil subgroup if
it has at least 100 valid test scores.
(C) For a school with an API score that is based on no fewer than
11 and no more than 99 pupils with valid test scores, numerically
significant subgroups shall be defined by the Superintendent, with
approval by the state board.
(4) The API shall consist of a variety of indicators currently
reported to the department, including, but not limited to, the
results of the achievement test administered pursuant to Section
60640 and the graduation rates for pupils in secondary schools.
(A) Graduation rates for pupils in secondary schools shall be
calculated for the API as follows:
(i) Four-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school year,
which is considered to be three school years after the pupils entered
grade 9 for the first time, and dividing that number by the total
calculated in clause (ii).
(ii) The number of pupils entering grade 9 for the first time in
the school year three school years prior to the current school year,
plus the number of pupils who transferred into the class graduating
at the end of the current school year between the school year that
was three school years prior to the current school year and the date
of graduation, less the number of pupils who transferred out of the
school between the school year that was three school years prior to
the current school year and the date of graduation who were members
of the class that is graduating at the end of the current school
year.
(iii) Five-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school year,
which is considered to be four school years after the pupils entered
grade 9 for the first time, and dividing that number by the total
calculated in clause (iv).
(iv) The number of pupils entering grade 9 for the first time in
the school year four years prior to the current school year, plus the
number of pupils who transferred into the class graduating at the
end of the current school year between the school year that was four
school years prior to the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was four years prior to the
current school year and the date of graduation who were members of
the class that is graduating at the end of the current school year.
(v) Six-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school year,
which is considered to be five school years after the pupils entered
grade 9 for the first time, and dividing that number by the total
calculated in clause (vi).
(vi) The number of pupils entering grade 9 for the first time in
the school year five years prior to the current school year, plus the
number of pupils who transferred into the class graduating at the
end of the current school year between the school year that was five
school years prior to the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was five years prior to the
current school year and the date of graduation who were members of
the class that is graduating at the end of the current school year.
(B) The inclusion of five- and six-year graduation rates for
pupils in secondary schools shall meet the following requirements:
(i) Schools shall be granted one-half the credit in their API
scores for graduating pupils in five years that they are granted for
graduating pupils in four years.
(ii) Schools shall be granted one-quarter the credit in their API
scores for graduating pupils in six years that they are granted for
graduating pupils in four years.
(iii) Notwithstanding clauses (i) and (ii), schools shall be
granted full credit in their API scores for graduating in five or six
years a pupil with disabilities who graduates in accordance with his
or her individualized education program (IEP).
(C) The pupil data collected for the API that comes from the
achievement test administered pursuant to Section 60640 and the high
school exit examination administered pursuant to Section 60851, when
fully implemented, shall be disaggregated by special education
status, English language learners, socioeconomic status, gender, and
ethnic group. Only the test scores of pupils who were counted as part
of the enrollment in the annual data collection of the California
Basic Educational Data System, the California Longitudinal Pupil
Achievement Data System, or other successor data system for the
current fiscal year and who were continuously enrolled during that
year may be included in the test result reports in the API score of
the school.
(D) Notwithstanding any other provision of law, graduation rates
for pupils in dropout recovery high schools shall not be included in
the API. For purposes of this subparagraph, "dropout recovery high
school" means a high school in which 50 percent or more of its pupils
have been designated as dropouts pursuant to the exit/withdrawal
codes developed by the department.
(E) The Superintendent shall provide an annual report to the
Legislature on the graduation and dropout rates in California and
shall make the same report available to the public. The report shall
be accompanied by the release of publicly accessible data for each
school district and school in a manner that provides for
disaggregation based upon socioeconomically disadvantaged pupils and
numerically significant subgroups scoring below average on statewide
standards-aligned assessments. In addition, the data shall be made
available in a manner that provides for comparisons of a minimum of
three years of data.
(b) (1) Pupil scores from
the following tests, when available and when found to be valid and
reliable for this purpose, shall be incorporated into the API:
(A)
(1) The standards-based achievement tests provided for
in Section 60642.5.
(B)
(2) The high school exit examination developed pursuant
to Section 60850.
(2) (A) Until July 1, 2013, results of the tests identified in
paragraph (1) shall constitute at least 60 percent of the value of
the index.
(B) From July 1, 2013, to June 30, 2016, inclusive, results of
tests identified in paragraph (1) shall constitute at least 50
percent of the value of the index.
(C) Commencing with the 2016-17 fiscal year, the Superintendent
shall implement all of the following:
(i) Results of the achievement test and other tests specified in
this subdivision shall constitute 50 percent of the value of the
index.
(ii) The indicators described in subdivision (c) shall
collectively constitute 50 percent of the value of the index.
(iii) Except as provided in clause (iv), the indicators described
in subdivision (c) shall be assigned equal weight in the API.
(iv) The indicators described in subdivision (c) shall be designed
in a manner that gives additional weight to the combined rates by
which pupils satisfy the conditions described in paragraphs (2) and
(3) of subdivision (c).
(c) In addition to the pupil scores from the tests set forth in
subdivision (b) and commencing with the 2012-13 fiscal year, the
Superintendent, in consultation with the state board, shall
incorporate the following indicators into the API for schools serving
any of grades 8 to 12, inclusive, using the best available data:
(1) High school graduation rates calculated as specified in
subparagraph (A) of paragraph (4) of subdivision (a).
(2) Rates by which pupils complete a course of study at an
achievement level that fulfills the requirements and prerequisites
for admission to California public institutions of postsecondary
education, as set forth in subdivision (a) of Section 51228.
(3) Rates by which pupils complete a course of study that provides
the skills and knowledge necessary to attain entry-level employment
in business or industry when they graduate from high school, as set
forth in subdivision (b) of Section 51228. For purposes of this
paragraph, the Superintendent shall use indicators derived from one
or more of the following:
(A) Satisfactory completion of a designated career and technical
education course or series of courses that meet the career technical
education content standards adopted by the state board.
(B) The number or percentage of pupils who earn a certificate,
license, or the equivalent in the designated occupation for which it
is issued.
(C) The scores of pupils on valid and reliable assessments,
including portfolio assessments, that are designed to assess the
degree to which pupils have acquired the skills and knowledge
necessary to be successful in a specific occupation or in the general
workforce.
(D) Workforce outcomes for pupils graduating from high school may
include, but are not limited to, employment rates and earnings.
(d) Based on the API, the Superintendent shall develop, and the
state board shall adopt, expected annual percentage growth targets
for all schools based on their API baseline score from the previous
year. Schools are expected to meet these growth targets through
effective allocation of available resources. For schools below the
statewide API performance target adopted by the state board pursuant
to subdivision (e), the minimum annual percentage growth target shall
be 5 percent of the difference between the actual API score of a
school and the statewide API performance target, or one API point,
whichever is greater. Schools at or above the statewide API
performance target shall have, as their growth target, maintenance of
their API score above the statewide API performance target. However,
the state board may set differential growth targets based on grade
level of instruction and may set higher growth targets for the lowest
performing schools because they have the greatest room for
improvement. To meet its growth target, a school shall demonstrate
that the annual growth in its API is equal to or more than its
schoolwide annual percentage growth target and that all numerically
significant pupil subgroups, as defined in subdivision (a), are
making comparable improvement.
(e) Upon adoption of state performance standards by the state
board, the Superintendent shall recommend, and the state board shall
adopt, a statewide API performance target that includes consideration
of performance standards and represents the proficiency level
required to meet the state performance target. When the API is fully
developed, schools, at a minimum, shall meet their annual API growth
targets to be eligible for the Governor's Performance Award Program
as set forth in Section 52057. The state board may establish
additional criteria that schools must meet to be eligible for the
Governor's Performance Award Program.
(f) The API shall be used for both of the following:
(1) Measuring the progress of schools selected for participation
in the Immediate Intervention/Underperforming Schools Program
pursuant to Section 52053.
(2) Ranking all public schools in the state for the purpose of the
High Achieving/Improving Schools Program pursuant to Section 52056.
(g) (1) A school with 11 to 99 pupils with valid test scores shall
receive an API score with an asterisk that indicates less
statistical certainty than API scores based on 100 or more test
scores.
(2) A school annually shall receive an API score, unless the
Superintendent determines that an API score would be an invalid
measure of the performance of the school for one or more of the
following reasons:
(A) Irregularities in testing procedures occurred.
(B) The data used to calculate the API score of the school are not
representative of the pupil population at the school.
(C) Significant demographic changes in the pupil population render
year-to-year comparisons of pupil performance invalid.
(D) The department discovers or receives information indicating
that the integrity of the API score has been compromised.
(E) Insufficient pupil participation in the assessments included
in the API.
(3) If a school has fewer than 100 pupils with valid test scores,
the calculation of the API or adequate yearly progress pursuant to
the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.) and federal regulations may be calculated over more than one
annual administration of the tests administered pursuant to Section
60640 and the high school exit examination administered pursuant to
Section 60851, consistent with regulations adopted by the state
board.
(h) Only schools with 100 or more test scores contributing to the
API may be included in the API rankings.
(i) The Superintendent, with the approval of the state board,
shall develop an alternative accountability system for schools under
the jurisdiction of a county board of education or a county
superintendent of schools, community day schools, nonpublic,
nonsectarian schools pursuant to Section 56366, and alternative
schools serving high-risk pupils, including continuation high schools
and opportunity schools. Schools in the alternative accountability
system may receive an API score, but shall not be included in the API
rankings.
(j) The advisory committee established pursuant to Section 52052.5
shall provide recommendations for the implementation of subdivisions
(b) and (c). The advisory committee also shall develop
recommendations for the inclusion of multiple measures in the API of
middle and junior high schools.