BILL NUMBER: SB 547 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 24, 2011
INTRODUCED BY Senator Steinberg
FEBRUARY 17, 2011
An act to amend Section 52052.5 of the Education Code,
relating to school accountability. An act to amend
Section 52052 of, and to add Section 52052.8 to, the Education Code,
relating to school accountability.
LEGISLATIVE COUNSEL'S DIGEST
SB 547, as amended, Steinberg. Public school performance
accountability: advisory committee. Academic
Performance Index.
(1) Existing law requires the
Superintendent of Public Instruction, with the approval of the State
Board of Education, to develop an Academic Performance Index (API) to
measure the performance of schools and pupils. Existing law requires
that the API consist of a variety of indicators, and that the
results of specified academic tests comprise at least 60% of the
value of the API.
This bill would instead require that for schools serving pupils in
kindergarten and any of grades 1 to 8, inclusive, results of these
tests comprise a minimum of 40% of the value of the API, and for
schools serving pupils in any of grades 9 to 12, inclusive, the
results of the tests comprise a maximum of 40% of the value of the
API. The bill would require that in addition to the indicators that
are currently included in the API, that college and career
preparedness be included as an indicator.
Existing
(2) 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
API and the implementation of the Immediate
Intervention/Underperforming Schools Program and the High
Achieving/Improving Schools Program.
This bill would make a technical, nonsubstantive change to these
provisions.
This bill, by January 1, 2014, would require the state board, in
consultation with the Superintendent and the advisory committee, to
incorporate specified measures relating to college and career
preparedness into the API. The bill, by March 15, 2012, would require
the Superintendent and the state board, in consultation with
specified entities, to report to the Governor and the Legislature
information relating to the collection and evaluation of this data.
(3) To the extent that school districts would be required to
formulate and report additional data for purposes of inclusion in the
API, the bill would impose a state-mandated local program.
(4) 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: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares
all of the following:
(1) Too many pupils in California face educational challenges that
could impede their ability to be productive participants in the
state and national economies.
(2) Nearly 100,000 California pupils are dropping out of middle
and high school annually, a number equivalent in size to the
population of the City of San Mateo or the City of Compton. Gainful
employment prospects for dropouts are shrinking given the changing
nature of the California economy.
(3) Many of those who do graduate from high school find themselves
underprepared for the demands of college and the workplace. Nearly
half of all freshmen in the California Community Colleges and the
California State University system require remediation in either
reading or mathematics.
(4) A stronger and more integrated approach to learning that
combines rigorous academics with career education can engage and
motivate pupils who are at risk of dropping out and can create more
options for them after high school, whether they choose postsecondary
education or a career. Such an approach can better prepare pupils
for entry directly into the workforce after high school, without
compromising academic goals and preparation for postsecondary
education.
(5) A large majority of California high school pupils surveyed say
they would be more motivated to work hard and do well if they
attended schools where they could take courses needed for college and
at the same time have the chance to acquire skills and knowledge
relevant to future careers.
(6) The Public Policy Institute of California projects that by
2025, two of every five jobs (41 percent) will require a college
degree. Without an increased commitment to college readiness and
access, Californians with college degrees will amount to just 35
percent of the 2025 workforce, well short of the need. Absent
improvements to college and career pathways for pupils, the growth of
our emerging economy will be hindered by a lack of highly educated
and skilled workers.
(b) The Legislature further finds and declares all of the
following:
(1) The state's primary accountability measure for public schools,
the Academic Performance Index, has performed an important function
and has served as a compass by which schools have directed their
school improvement efforts.
(2) The Academic Performance Index has been limited, however, by
an overreliance on the Standardized Testing and Reporting Program as
the chief indicator of school performance. Statute requires dropout
and graduation rates to be included, but those rates are not yet
incorporated.
(3) California's ongoing transition to new common core academic
content standards presents an opportunity for the state to reexamine
its system of public school accountability, the goals the state sets
for its public schools, and the most appropriate methods for
measuring progress toward those goals. The new generation of pupil
assessments that will accompany the common core standards may provide
better information about pupils' ability to analyze and solve
complex problems, communicate clearly, synthesize information, and
apply knowledge. These skills and capacities are vital to their
success in the global economy of the 21st century.
(c) It is the intent of the Legislature that the Academic
Performance Index evolve to encompass other valuable metrics in
addition to pupil test scores, graduation rates, and dropout rates.
It is further the intent of the Legislature that a more comprehensive
set of expectations and aspirations for California's public schools
be reflected in the state's school accountability system, including
measures of pupil preparedness for college and career, and pupil
engagement in school.
SEC. 2. Section 52052 of the Education
Code is amended to read:
52052. (a) (1) 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 and the preparedness of its pupils for success in
postsecondary education and career 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, attendance rates for pupils in elementary schools, middle
schools, and secondary schools, and the graduation rates for
and postsecondary education and career preparedness
of 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 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. Results
For schools serving pupils in kindergarten and any of
grades 1 to 8, inclusive, results of the achievement
test and other tests specified in subdivision (b) shall
constitute at least 60 a minimum of 40
percent of the value of the index. For schools serving pupils in
any of grades 9 to 12, inclusive, results of the tests specified in
subdivision (b) shall constitute a maximum of 40 percent
of the value of the API.
(D) Before including high school graduation rates and attendance
rates in the API, the Superintendent shall determine the extent to
which the data currently are reported to the state and the accuracy
of the data. 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) 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:
(1) The standards-based achievement tests provided for in Section
60642.5.
(2) The high school exit examination.
(c) 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 (d), 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.
(d) 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.
(e) 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.
(f) (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.
(g) Only schools with 100 or more test scores contributing to the
API may be included in the API rankings.
(h) 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.
SEC. 3. Section 52052.8 is added to the
Education Code , to read:
52052.8. (a) No later than January 1, 2014, the state board, in
consultation with the Superintendent and the advisory committee
established pursuant to Section 52052.5, shall incorporate into the
Academic Performance Index (API), and other aspects of the state's
accountability system, as appropriate, a measure or measures of the
degree to which pupils graduate from high school with the skills and
knowledge necessary to succeed in college and career.
(b) Measures considered for incorporation into the API shall be
valid, reliable, and stable, and shall include, but not be limited
to, the following:
(1) Rates at which pupils complete a course of study at an
achievement level that fulfills the requirements and prerequisites
for admission to California four-year public institutions of
postsecondary education, pursuant to subdivision (a) of Section
51228.
(2) Rates at which college preparedness assessments, such as the
Early Assessment Program established pursuant to Chapter 6
(commencing with Section 99300) of Part 65 of Division 14 of Title 3,
are administered to high school pupils, and rates at which pupils
who complete such assessments can demonstrate they do not need
remedial coursework in order to perform college-level work.
(3) Rates at which high school pupils are enrolled in and perform
satisfactorily in accelerated learning opportunities, such as
advanced placement, International Baccalaureate, or postsecondary
concurrent enrollment programs.
(4) Pupil grade point averages in the first year of full-time
postsecondary enrollment.
(5) Rates at which graduates enroll in a community college program
that enables them to transfer to a four-year university.
(6) Rates at which graduates enroll in a community college course
of technical study leading to a professional certificate.
(7) Rates at which pupils satisfactorily complete a designated
career pathway or series of courses that meets the career technical
education content standards adopted by the state board.
(8) Rates at which pupils earn a certificate, license, or the
equivalent in the designated occupation for which it is issued, while
enrolled in high school.
(9) The performance 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 specified occupation or in the
general workforce.
(10) Rates at which graduates are employed full time in an
occupation with a career ladder. For purposes of this paragraph,
"career ladder" means an opportunity for an entry level employee to
attain higher levels of pay, skill, and responsibility.
(11) Rates at which graduates are enrolled in an apprenticeship
program leading to full-time employment.
(12) Earnings of graduates.
(13) Rates at which graduates have secured employment that offers
paid sick leave, paid vacation leave, and employer-provided health
benefits.
(14) Other measures of postsecondary accomplishment, such as
enlistment in the Armed Forces, California Conservation Corps, or
other volunteer service organizations.
(c) In revising the API to include measures of college and career
preparedness, the state board shall devise a method for significantly
rewarding schools and school districts that can demonstrate that
pupil subgroups, including economically disadvantaged pupils, are
proportionately represented among pupils who are prepared and
eligible to attend four-year colleges and universities.
(d) The state board shall also consider the appropriateness of
including in the API, or other aspects of the state's accountability
system, as appropriate, a measure or measures of the degree to which
pupils are satisfied with their secondary school experience and are
engaged in their education. Methods considered shall include, but not
be limited to, the following:
(1) Pupil attendance rates.
(2) Surveys of pupil, staff, and parent attitudes toward school,
including, but not limited to, the California Healthy Kids Survey,
California School Climate Survey, and the California School Parent
Survey.
(e) Any changes made to the API shall allow for disaggregation of
component parts of the API so that measures included in the index,
and the relative weights of those measures, are distinguishable to
parents, the public, and policymakers.
(f) The state board shall not be limited in its redesign of the
API by the scope, at the time of enactment of this section, of the
California Longitudinal Pupil Achievement Data System or other
relevant data systems.
(g) By March 15, 2012, the Superintendent and state board shall
consult with the University of California, the California State
University, the California Community Colleges, the Employment
Development Department, and other appropriate entities, and shall
report to the Governor and the Legislature both of the following:
(1) Any additional data elements necessary to optimize the state's
capacity to evaluate the effectiveness of pupil preparedness for
college and career and pupils' engagement in school.
(2) Any connections between data systems that would enable better
evaluation of the effectiveness of pupils' preparation for college
and career and of pupils' engagement in school.
(h) (1) The requirement for submitting a report imposed under
subdivision (g) is inoperative on January 1, 2016, pursuant to
Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (g) shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 4. 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.
SECTION 1. 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 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.