BILL NUMBER: AB 2353 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 27, 2016
INTRODUCED BY Assembly Member McCarty
FEBRUARY 18, 2016
An act to amend Sections 52060 and 52066 of, and to add
Article 3.2 (commencing with Section 44475) to Chapter 3 of Part 25
of Division 3 of Title 2 of of, the
Education Code, relating to teacher professional development.
LEGISLATIVE COUNSEL'S DIGEST
AB 2353, as amended, McCarty. Teacher professional development:
culturally responsive instruction.
(1) Existing law establishes various
programs of professional development for teachers, including the
California Beginning Teacher Support and Assessment System, and
requires the State Department of Education to issue a request for
proposals to contract for the development of standards for
professional development for educators and instructional leaders.
This bill would require the department to develop a
curriculum for identify professional development
programs in covering culturally
responsive instruction and make this curriculum available as
part of its continuing education and professional development
programs for teachers. provide links to those programs
on its Internet Web site. The bill would state legislative
findings and declarations relating to the importance of culturally
responsive teaching.
(2) Existing law requires, on or before July 1, 2014, the
governing boards of school districts and county boards of education
to adopt a local control and accountability plan. Existing law
requires the local control and accountability plan to include, among
other things, a description of annual goals for all pupils and
specified subgroups of pupils to be achieved for certain state
priorities, including school climate, as specified, and a description
of the specific actions the school district or county superintendent
of schools will take to achieve those goals. For purposes of the
local control and accountability plans, existing law requires school
climate to be measured by pupil suspension and expulsion rates and
other local measures, as applicable.
This bill would provide that other local measures may include the
extent to which teachers and other school employees, as appropriate,
have received or are receiving professional development related to
culturally responsive instruction.
(3) Existing law appropriated the sum of $490,000,000 from the
General Fund to the Superintendent of Public Instruction to be
allocated to school districts, county offices of education, charter
schools, and the state special schools, as provided, for specified
teacher and administrator training and professional development,
including to promote educator quality and effectiveness.
This bill would specify that school districts, county offices of
education, charter schools, and the state special schools are
authorized to use those moneys to provide professional development in
culturally responsive instruction.
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. The Legislature finds and declares all of the
following:
(a) Culture is essential to learning.
(b) Culture plays a role not only in communicating and receiving
information, but also in shaping the thinking process of groups and
individuals.
(c) A pedagogy that acknowledges, responds to, and celebrates
fundamental cultures offers full, equitable access to education for
pupils from all cultures.
(d) Culturally responsive teaching is a pedagogy that recognizes
the importance of including pupils' cultural references in all
aspects of learning.
(e) Culturally responsive teaching acknowledges the legitimacy of
a pupil's cultural heritage that shapes dispositions and attitudes.
(f) Culturally responsive teaching builds bridges of
meaningfulness between home and school.
(g) Culturally responsive teaching uses a wide variety of
instructional strategies that are connected to learning styles.
(h) Culturally responsive teaching incorporates multicultural
information, books, and other educational resources.
(i) Culturally responsive teaching promotes the idea of the
classroom family and all pupils are in it together.
(j) Culturally responsive teaching teaches pupils that they can be
successful and that they are appreciated by educators who have high
expectations of them.
(k) Culturally responsive teaching develops the social
consciousness of pupils to better handle the world of prejudice and
racism.
SEC. 2. Article 3.2 (commencing with Section 44475) is added to
Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code,
to read:
Article 3.2. Professional Development in Culturally Responsive
Instruction
44475. The department shall develop a curriculum for
identify professional development programs
in covering culturally responsive
instruction and make this curriculum available as part of
the department's continuing education and professional development
programs for teachers. provide links to those programs
on its Internet Web site.
SEC. 3. Section 52060 of the Education
Code is amended to read:
52060. (a) On or before July 1, 2014, the governing board of each
school district shall adopt a local control and accountability plan
using a template adopted by the state board.
(b) A local control and accountability plan adopted by the
governing board of a school district shall be effective for a period
of three years, and shall be updated on or before July 1 of each
year.
(c) A local control and accountability plan adopted by the
governing board of a school district shall include, for the school
district and each school within the school district, both of the
following:
(1) A description of the annual goals, for all pupils and each
subgroup of pupils identified pursuant to Section 52052, to be
achieved for each of the state priorities identified in subdivision
(d) and for any additional local priorities identified by the
governing board of the school district. For purposes of this article,
a subgroup of pupils identified pursuant to Section 52052 shall be a
numerically significant pupil subgroup as specified in paragraphs
(2) and (3) of subdivision (a) of Section 52052.
(2) A description of the specific actions the school district will
take during each year of the local control and accountability plan
to achieve the goals identified in paragraph (1), including the
enumeration of any specific actions necessary for that year to
correct any deficiencies in regard to the state priorities listed in
paragraph (1) of subdivision (d). The specific actions shall not
supersede the provisions of existing local collective bargaining
agreements within the jurisdiction of the school district.
(d) All of the following are state priorities:
(1) The degree to which the teachers of the school district are
appropriately assigned in accordance with Section 44258.9, and fully
credentialed in the subject areas, and, for the pupils they are
teaching, every pupil in the school district has sufficient access to
the standards-aligned instructional materials as determined pursuant
to Section 60119, and school facilities are maintained in good
repair, as defined in subdivision (d) of Section 17002.
(2) Implementation of the academic content and performance
standards adopted by the state board, including how the programs and
services will enable English learners to access the common core
academic content standards adopted pursuant to Section 60605.8 and
the English language development standards adopted pursuant to former
Section 60811.3, as that section read on June 30, 2013, or Section
60811.4, for purposes of gaining academic content knowledge and
English language proficiency.
(3) Parental involvement, including efforts the school district
makes to seek parent input in making decisions for the school
district and each individual schoolsite, and including how the school
district will promote parental participation in programs for
unduplicated pupils and individuals with exceptional needs.
(4) Pupil achievement, as measured by all of the following, as
applicable:
(A) Statewide assessments administered pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33 or any
subsequent assessment, as certified by the state board.
(B) The Academic Performance Index, as described in Section 52052.
(C) The percentage of pupils who have successfully completed
courses that satisfy the requirements for entrance to the University
of California and the California State University, or career
technical education sequences or programs of study that align with
state board-approved career technical education standards and
frameworks, including, but not limited to, those described in
subdivision (a) of Section 52302, subdivision (a) of Section 52372.5,
or paragraph (2) of subdivision (e) of Section 54692.
(D) The percentage of English learner pupils who make progress
toward English proficiency as measured by the California English
Language Development Test or any subsequent assessment of English
proficiency, as certified by the state board.
(E) The English learner reclassification rate.
(F) The percentage of pupils who have passed an advanced placement
examination with a score of 3 or higher.
(G) The percentage of pupils who participate in, and demonstrate
college preparedness pursuant to, the Early Assessment Program, as
described in Chapter 6 (commencing with Section 99300) of Part 65 of
Division 14 of Title 3, or any subsequent assessment of college
preparedness.
(5) Pupil engagement, as measured by all of the following, as
applicable:
(A) School attendance rates.
(B) Chronic absenteeism rates.
(C) Middle school dropout rates, as described in paragraph (3) of
subdivision (a) of Section 52052.1.
(D) High school dropout rates.
(E) High school graduation rates.
(6) School climate, as measured by all of the following, as
applicable:
(A) Pupil suspension rates.
(B) Pupil expulsion rates.
(C) (i) Other local measures, including
surveys of pupils, parents, and teachers on the sense of safety and
school connectedness.
(ii) Other local measures may include the extent to which teachers
and other school employees, as appropriate, have received or are
receiving professional development related to culturally responsive
instruction.
(7) The extent to which pupils have access to, and are enrolled
in, a broad course of study that includes all of the subject areas
described in Section 51210 and subdivisions (a) to (i), inclusive, of
Section 51220, as applicable, including the programs and services
developed and provided to unduplicated pupils and individuals with
exceptional needs, and the programs and services that are provided to
benefit these pupils as a result of the funding received pursuant to
Section 42238.02, as implemented by Section 42238.03.
(8) Pupil outcomes, if available, in the subject areas described
in Section 51210 and subdivisions (a) to (i), inclusive, of Section
51220, as applicable.
(e) For purposes of the descriptions required by subdivision (c),
the governing board of a school district may consider qualitative
information, including, but not limited to, findings that result from
school quality reviews conducted pursuant to subparagraph (J) of
paragraph (4) of subdivision (a) of Section 52052 or any other
reviews.
(f) To the extent practicable, data reported in a local control
and accountability plan shall be reported in a manner consistent with
how information is reported on a school accountability report card.
(g) The governing board of a school district shall consult with
teachers, principals, administrators, other school personnel, local
bargaining units of the school district, parents, and pupils in
developing a local control and accountability plan.
(h) A school district may identify local priorities, goals in
regard to the local priorities, and the method for measuring the
school district's progress toward achieving those goals.
SEC. 4. Section 52066 of the Education
Code is amended to read:
52066. (a) On or before July 1, 2014, each county superintendent
of schools shall develop, and present to the county board of
education for adoption, a local control and accountability plan using
a template adopted by the state board.
(b) A local control and accountability plan adopted by a county
board of education shall be effective for a period of three years,
and shall be updated on or before July 1 of each year.
(c) A local control and accountability plan adopted by a county
board of education shall include, for each school or program operated
by the county superintendent of schools, both of the following:
(1) A description of the annual goals, for all pupils and each
subgroup of pupils identified pursuant to Section 52052, to be
achieved for each of the state priorities identified in subdivision
(d), as applicable to the pupils served, and for any additional local
priorities identified by the county board of education.
(2) A description of the specific actions the county
superintendent of schools will take during each year of the local
control and accountability plan to achieve the goals identified in
paragraph (1), including the enumeration of any specific actions
necessary for that year to correct any deficiencies in regard to the
state priorities listed in paragraph (1) of subdivision (d). The
specific actions shall not supersede the provisions of existing local
collective bargaining agreements within the jurisdiction of the
county superintendent of schools.
(d) All of the following are state priorities:
(1) The degree to which the teachers in the schools or programs
operated by the county superintendent of schools are appropriately
assigned in accordance with Section 44258.9 and fully credentialed in
the subject areas, and, for the pupils they are teaching, every
pupil in the schools or programs operated by the county
superintendent of schools has sufficient access to the
standards-aligned instructional materials as determined pursuant to
Section 60119, and school facilities are maintained in good
repair as specified repair, as defined in
subdivision (d) of Section 17002.
(2) Implementation of the academic content and performance
standards adopted by the state board, including how the programs and
services will enable English learners to access the common core
academic content standards adopted pursuant to Section 60605.8 and
the English language development standards adopted pursuant to
Section 60811.3 former Section 60811.3, as
that section read on June 30, 2013, or Section 60811.4, for
purposes of gaining academic content knowledge and English language
proficiency.
(3) Parental involvement, including efforts the county
superintendent of schools makes to seek parent input in making
decisions for each individual schoolsite and program operated by a
county superintendent of schools, and including how the county
superintendent of schools will promote parental participation in
programs for unduplicated pupils and individuals with exceptional
needs.
(4) Pupil achievement, as measured by all of the following, as
applicable:
(A) Statewide assessments administered pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33 or any
subsequent assessment, as certified by the state board.
(B) The Academic Performance Index, as described in Section 52052.
(C) The percentage of pupils who have successfully completed
courses that satisfy the requirements for entrance to the University
of California and the California State University, or career
technical education sequences or programs of study that align with
state board-approved career technical education standards and
frameworks, including, but not limited to, those described in
subdivision (a) of Section 52302, subdivision (a) of Section 52372.5,
or paragraph (2) of subdivision (e) of Section 54692.
(D) The percentage of English learner pupils who make progress
toward English proficiency as measured by the California English
Language Development Test or any subsequent assessment of English
proficiency, as certified by the state board.
(E) The English learner reclassification rate.
(F) The percentage of pupils who have passed an advanced placement
examination with a score of 3 or higher.
(G) The percentage of pupils who participate in, and demonstrate
college preparedness pursuant to, the Early Assessment Program, as
described in Chapter 6 (commencing with Section 99300) of Part 65 of
Division 14 of Title 3, or any subsequent assessment of college
preparedness.
(5) Pupil engagement, as measured by all of the following, as
applicable:
(A) School attendance rates.
(B) Chronic absenteeism rates.
(C) Middle school dropout rates, as described in paragraph (3) of
subdivision (a) of Section 52052.1.
(D) High school dropout rates.
(E) High school graduation rates.
(6) School climate, as measured by all of the following, as
applicable:
(A) Pupil suspension rates.
(B) Pupil expulsion rates.
(C) (i) Other local measures, including
surveys of pupils, parents, and teachers on the sense of safety and
school connectedness.
(ii) Other local measures may include the extent to which teachers
and other school employees, as appropriate, have received or are
receiving professional development related to culturally responsive
instruction.
(7) The extent to which pupils have access to, and are enrolled
in, a broad course of study that includes all of the subject areas
described in Section 51210 and subdivisions (a) to (i), inclusive, of
Section 51220, as applicable, including the programs and services
developed and provided to unduplicated pupils and individuals with
exceptional needs, and the program programs
and services that are provided to benefit these pupils as a
result of the funding received pursuant to Section 42238.02, as
implemented by Section 42238.03.
(8) Pupil outcomes, if available, in the subject areas described
in Section 51210 and subdivisions (a) to (i), inclusive, of Section
51220, as applicable.
(9) How the county superintendent of schools will coordinate
instruction of expelled pupils pursuant to Section 48926.
(10) How the county superintendent of schools will coordinate
services for foster children, including, but not limited to, all of
the following:
(A) Working with the county child welfare agency to minimize
changes in school placement.
(B) Providing education-related information to the county child
welfare agency to assist the county child welfare agency in the
delivery of services to foster children, including, but not limited
to, educational status and progress information that is required to
be included in court reports.
(C) Responding to requests from the juvenile court for information
and working with the juvenile court to ensure the delivery and
coordination of necessary educational services.
(D) Establishing a mechanism for the efficient expeditious
transfer of health and education records and the health and education
passport.
(e) For purposes of the descriptions required by subdivision (c),
a county board of education may consider qualitative information,
including, but not limited to, findings that result from school
quality reviews conducted pursuant to subparagraph (J) of paragraph
(4) of subdivision (a) of Section 52052 or any other reviews.
(f) To the extent practicable, data reported in a local control
and accountability plan shall be reported in a manner consistent with
how information is reported on a school accountability report card.
(g) The county superintendent of schools shall consult with
teachers, principals, administrators, other school personnel, local
bargaining units of the county office of education, parents, and
pupils in developing a local control and accountability plan.
(h) A county board of education may identify local priorities,
goals in regard to the local priorities, and the method for measuring
the county office of education's progress toward achieving those
goals.
SEC. 5. Moneys appropriated to the Superintendent
of Public Instruction and allocated to school districts, county
offices of education, charter schools, and the state special schools
for professional development to promote educator quality and
effectiveness pursuant to Section 58 of Chapter 13 of the Statutes of
2015 may be used by the school district, county office of education,
charter school, or the state special school to provide professional
development in culturally responsive instruction.