Senate Bill No. 452

Introduced by Senator Huff

February 21, 2013

An act to amend Section 53300 of the Education Code, relating to school intervention.

LEGISLATIVE COUNSEL’S DIGEST

SB 452, as introduced, Huff. School intervention: parent empowerment.

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.

This bill would delete the provision excluding schools identified as persistently lowest-achieving schools, and would also make the provisions applicable to schools ranked in deciles 1 to 3, inclusive, of the Academic Performance Index. The bill would make technical changes by updating cross-references. By imposing additional duties on school districts, the 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.  

Section 53300 of the Education Code is amended
to read:

53300.  

For any school begin delete not identified as a persistently
lowest-achieving school under Section 53201 which, end delete begin insert that, end insert after
one full school year, is subject to corrective action pursuant to
begin delete paragraph (7) of end delete Section begin delete 1116(b) end delete begin insert 6316(b)(7) end insert of the federal
Elementary and Secondary Education Act (20 U.S.C. Sec. 6301
et seq.) and continues to fail to make adequate yearly progress,
and has an Academic Performance Index begin insert (API) end insert score of less than
800, begin insert or any school ranked in any of deciles 1 to 3, inclusive, of the
API end insert 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 begin insert , end insert
of subdivision (a) of Section 53202 or the federally mandated
alternative governance arrangement pursuant to Section
begin delete 1116(b)(8)(B)(v) end delete begin insert 6316(b)(8)(B)(v) end insert 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 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 begin delete 1116(b)(8) end delete
begin insert 6316(b)(8) end insert of the federal Elementary and Secondary Education
Act (20 U.S.C. Sec. 6301 et seq.) and regulations and guidelines
for the four interventions.

SEC. 2.  

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.