Amended in Assembly April 11, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2548

Introduced by Assembly Member Weber

February 19, 2016

An act to begin insert amend Sections 52071, 52071.5, 52072, and 52072.5 of, and to end insert add Article 3 (commencing with Section 52053) to Chapter 6.1 of Part 28 of Division 4 of Title 2 begin delete of end delete begin insert of, end insert the Education Code, relating to school accountability.

LEGISLATIVE COUNSEL’S DIGEST

AB 2548, as amended, Weber. School accountability: statewide accountability system.

(1) Existing law required, 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 using a state template adopted by the State Board of Education. 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 each state priority, as specified, and a description of the specific actions the school district or county superintendent of schools will take to achieve those goals. Existing law requires the charter petition for a charter school to include those same elements. Existing law provides that an adopted local control and accountability plan is effective for 3 years and shall be updated annually on or before July 1. Existing law requires the state board, on or before October 1, 2016, to adopt evaluation rubrics to, among other things, assist a school district, county office of education, or charter school in evaluating its strengths, weaknesses, and areas that require improvement. Existing law establishes the California Collaborative for Educational Excellence for purposes of advising and assisting school districts, county superintendents of schools, and charter schools in achieving the goals set forth in a local control and accountability plan.

This bill would, for purposes of a statewide accountability system and to ensure alignment and fidelity with the state priorities and federal law, require the state board to adopt a statewide accountability system. The bill would require the system to begin insert (1) end insert satisfy the accountability requirements of specified federal law, begin insert (2) align California’s local control framework, which is focused on identifying and supporting local educational agencies with the additional need to identify, support, and improve California’s highest need schools, as specified, (3) end insert rely upon data from key indicators established by the evaluation rubrics adopted by the state begin delete board, and, working in concert with the collaborative, utilize a multitiered system of review, support, collaboration, and intervention, aligning the level of support to the needs of the local educational agency or individual school. The bill would authorize the state board to require local educational agencies to submit additional data to the state board or the State Department of Education in order to satisfy the federal accountability system requirements. To the extent this end delete begin insert board and as otherwise specified, (4) provide the California Collaborative for Educational Excellence, county superintendents of schools, and the public with data to be used in a multitiered system of review and assistance, and (5) ensure the creation of a data and reporting system that provides meaningful and accessible information on school and school district performance that is displayed through an electronic platform. In identifying appropriate assistance for a school or local educational agency, the bill would require the California Collaborative for Educational Excellence and county superintendents of schools to analyze data aligned with all the state priorities in order to align the level of support, collaboration, and intervention to the needs of the local educational agency or individual school or schools. By imposing additional duties on county superintendents of schools, and to the extent this end insert bill would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program.

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(2) Existing law requires county superintendents of schools and the Superintendent of Public Instruction to provide technical assistance, as provided, to any school district or county office of education, respectively, that fails to improve pupil achievement across more than one state priority for one or more pupil subgroups.

end insert begin insert

This bill would instead require county superintendents of schools and the Superintendent to provide that technical assistance if a school district or county office of education, respectively, fails to meet the standards for performance or expectations for improvements across more than one key indicator for one or more pupil subgroup. By imposing additional duties on county superintendents of schools, the bill would impose a state-mandated local program.

end insert begin insert

(3) Existing law authorizes the Superintendent, with the approval of the state board, to identify school districts and county offices of education in need of intervention if, among other things, the school district or county office of education did not improve the outcomes for 3 or more pupil subgroups or, if the school district or county office of education has less than 3 pupil subgroups, all of the school district’s or county office of education’s pupil subgroups, in regard to more than one state or local priority in 3 out of 4 consecutive school years.

end insert begin insert

This bill would instead authorize the Superintendent to make that identification if, among other things, the school district or county office of education did not meet the standards for performance or expectations for improvement for 3 or more pupil subgroups or, if the school district or county office of education has less than 3 pupil subgroups, all of the school district’s or county office of education’s pupil subgroups, in regard to more than one key indicator in 3 out of 4 consecutive school years.

end insert begin delete

(2) 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.

end delete begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete begin insert

(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.

end insert begin insert

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.

end insert

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.  

Article 3 (commencing with Section 52053) is
added to Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education Code, to read:

 

Article 3.  Statewide Accountability System

 

52053.  

begin insert

(a) (1) It is the intent of the Legislature and purpose
of this article to do all of the following:

end insert begin insert

(A) Establish a coherent, aligned local-state-federal
accountability system that addresses state, local, parent,
community, and public needs, as well as federal requirements.

end insert begin insert

(B) Ensure ambitious, statewide standards for performance and
expectations for improvement that encourage continuous
improvement and the closure of opportunity and achievement gaps.

end insert begin insert

(C) Establish a mechanism using multiple measures that
meaningfully differentiates the performance of schools and
identifies schools and local educational agencies in need of
technical assistance, support, and intervention.

end insert begin insert

(2) It is further the intent of Legislature that the accountability
system continues to support and advance the framework established
by the local control funding formula and California’s emphasis
on continuous improvement, technical assistance, and support.

end insert

begin insert (b) end insert begin insert   end insert For purposes of a statewide accountability system and to
ensure alignment and fidelity with the state priorities established
pursuant begin insert to end insert Sections 52060 and 52066 and with federal law, the
state board shall adopt a statewide accountability system that does
all of the following:

begin delete (a) end delete begin delete   end delete (1) Satisfies the accountability system requirements of the
federal Elementary and Secondary Education Act of 1965 (20
U.S.C. Sec. 6301 et seq.), as amended by the Every Student
Succeeds Act (Public Law 114-95).

begin delete

(2) The state board may require local educational agencies to
submit additional data to the state board or the department in order
to meet those requirements.

end delete begin insert

(2) Aligns California’s local control framework, which is
focused on identifying and supporting local educational agencies
with the additional need to identify, support, and improve
California’s highest need schools. In doing so, the state board
shall do all of the following:

end insert begin insert

(A) Set clear, ambitious, statewide standards for performance
and expectations for improvement toward each of the key indicators
described in paragraph (3) for pupils overall and for each
numerically significant subgroup, as identified in Section 52052.
To comply with federal law, these improvement standards shall
be differentiated by subgroup so that subgroups that start off at
lower performance levels make greater growth to achieve the
statewide standards.

end insert begin insert

(B) Establish a mechanism to meaningfully differentiate the
performance of all public schools, to identify local educational
agencies for purposes of Sections 52072 and 52072.5 on an annual
basis based on outcomes for all pupils and for each subgroup of
pupils using the multiple measures identified in paragraph (3),
and to do all of the following:

end insert begin insert

(i) Distinguish multiple levels of performance for purposes of
continuous improvement, transparency, meaningful stakeholder
engagement, recognition, and support, including the identification
of the following:

end insert begin insert

(I) Not less than the lowest-performing 5 percent of all schools
receiving federal Title I funds and all public high schools in the
state failing to graduate one-third or more of their pupils.

end insert begin insert

(II) All schools in which any subgroup of pupils is consistently
underperforming, as determined by the state board, based on all
of the indicators identified in paragraph (3) and the system
established pursuant this section.

end insert begin insert

(III) All schools where any one subgroup of pupils, on its own,
would lead that school to be in the lowest 5 percent of schools for
pupils overall.

end insert begin insert

(ii) Support parents and guardians in making informed school
decisions on behalf of their children.

end insert begin insert

(iii) Enable school districts, county offices of education, the
department, and the California Collaborative for Educational
Excellence to identify schools for recognition, support, and
assistance and ensure that support and assistance is provided to
at least those schools identified pursuant to clause (i).

end insert begin insert

(C) Comply with all notification, stakeholder engagement,
school support, and improvement activities required by Section
1111(d) of the federal Every Student Succeeds Act (Public Law
114-95).

end insert begin delete

(b)

end delete

begin insert (3) end insert   begin insert (A) end insert begin insert   end insert Relies upon data from key indicators established
pursuant to the evaluation rubrics adopted by the state board
pursuant to Section 52064.5. begin insert At a minimum, for purposes of
paragraph (2), those key indicators shall include, if not already
included by the state board pursuant to Section 52064.5, all of the
following: end insert

begin insert

(i) For elementary and middle schools:

end insert begin insert

(I) A measure of pupil achievement in at least English language
arts, mathematics, and science.

end insert begin insert

(II) A measure of academic growth.

end insert begin insert

(III) A measure of progress toward English proficiency.

end insert begin insert

(IV) A measure of chronic absenteeism.

end insert begin insert

(V) A measure of school climate.

end insert begin insert

(ii) For high schools:

end insert begin insert

(I) A measure of pupil achievement in at least English language
arts, mathematics, and science.

end insert begin insert

(II) A measure of graduation rates.

end insert begin insert

(III) A measure of progress toward English proficiency.

end insert begin insert

(IV) A measure of college and career readiness.

end insert begin insert

(V) A measure of chronic absenteeism.

end insert begin insert

(VI) A measure of school climate.

end insert begin insert

(B) This paragraph shall not be construed as to preclude the
state board from including additional statewide measures that can
be disaggregated by subgroup in the accountability system for
purposes of meaningful differentiation of all schools or from
grouping the measures into common clusters. Furthermore, it is
the intent of the Legislature that the state will continue to use the
evaluation rubrics established pursuant to Section 52064.5 and
all indicators identified as state priorities established pursuant to
Sections 52060 and 52066 and the subgroups identified pursuant
to Section 52052 for purposes of continuous improvement and to
guide the provision of technical assistance, support, and
intervention.

end insert begin insert

(C) In order to comply with federal law, the academic indicators
specified in subclauses (I) to (III), inclusive, of clauses (i) and (ii)
of subparagraph (A) shall receive substantial weight and, in
aggregate, much greater weight than is afforded to all other
indicators.

end insert begin insert

(D) For purposes of paragraph (2), performance of subgroups
shall receive substantial weight.

end insert begin delete

(c) Working in concert with the California Collaborative for
Educational Excellence established pursuant to Section 52074,
utilizes a multitiered system of review, support, collaboration, and
intervention, aligning the level of support to the needs of the local
educational agency or individual school.

end delete begin insert

(4) Provides the California Collaborative for Educational
Excellence established pursuant to Section 52074, county
superintendents of schools, and the public with data to be used in
a multitiered system of review and assistance. Notwithstanding
the key indicators used for purposes of paragraph (2), in identifying
appropriate assistance for a school or local educational agency,
the California Collaborative for Educational Excellence and the
county superintendents of schools shall analyze data aligned with
all the state priorities established pursuant to Sections 52060 and
52066 in order to align the level of support, collaboration, and
intervention to the needs of the local educational agency or
individual school or schools.

end insert begin insert

(5) Ensures the creation of a data and reporting system that
provides meaningful and accessible information on school and
school district performance that is displayed through an electronic
platform. Parents and the public shall have the ability to easily
access, compare, analyze, and summarize school reports, pupil
performance results, and the progress made by schools and school
districts in reaching all of the state’s priority areas for purposes
of local control and accountability plans and the local control
funding formula. It is the intent of the Legislature to ensure that
any Web-based data and analysis tools should enable all
stakeholders to readily identify strengths and weaknesses, identify
inequities between schools and subgroups of pupils across multiple
measures, monitor academic achievement and improvement,
provide for meaningful differentiation, as required by Section
1111(c)(4)(C) of the federal Every Student Succeeds Act (Public
Law 114-95), and enable users to download data and reports in
machine-readable formats.

end insert

begin delete

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
this act implements a federal law or regulation and results only in
costs mandated by the federal government, within the meaning of
Section 17556 of the Government Code.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 52071 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

52071.  

(a) If a county superintendent of schools does not
approve a local control and accountability plan or annual update
to the local control and accountability plan approved by a
governing board of a school district, or if the governing board of
a school district requests technical assistance, the county
superintendent of schools shall provide technical assistance,
including, among other things, any of the following:

(1) Identification of the school district’s strengths and
weaknesses in regard to the state priorities described in subdivision
(d) of Section 52060, communicated in writing to the school
district. This identification shall include a review of effective,
evidence-based programs that apply to the school district’s goals.

(2) Assignment of an academic expert or team of academic
experts to assist the school district in identifying and implementing
effective programs that are designed to improve the outcomes for
all pupil subgroups identified pursuant to Section 52052. The
county superintendent of schools may also solicit another school
district within the county to act as a partner to the school district
in need of technical assistance.

(3) Request that the Superintendent assign the California
Collaborative for Educational Excellence to provide advice and
assistance to the school district.

(b) Using an evaluation rubric adopted by the state board
pursuant to Section 52064.5, the county superintendent of schools
shall provide the technical assistance described in subdivision (a)
to any school district that fails to begin delete improve pupil achievement across
more than one state priority described in subdivision (d) of Section
52060 end delete begin insert meet the standards for performance or expectations for
improvements across more than one key indicator, as specified in
paragraph (3) of subdivision (b) of Section 52053, end insert for one or more
pupil begin delete subgroup end delete begin insert subgroups end insert identified pursuant to Section 52052.

(c) Technical assistance provided pursuant to this section at the
request of a school district shall be paid for by the school district
requesting the assistance.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 52071.5 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

52071.5.  

(a) If the Superintendent does not approve a local
control and accountability plan or annual update to the local control
and accountability plan approved by a county board of education,
or if the county board of education requests technical assistance,
the Superintendent shall provide technical assistance, including,
among other things, any of the following:

(1) Identification of the county board of education’s strengths
and weaknesses in regard to the state priorities described in
subdivision (d) of Section 52066, communicated in writing to the
county board of education. This identification shall include a
review of effective, evidence-based programs that apply to the
board’s goals.

(2) Assignment of an academic expert or team of academic
experts, or the California Collaborative for Educational Excellence
established pursuant to Section 52074, to assist the county board
of education in identifying and implementing effective programs
that are designed to improve the outcomes for all pupil subgroups
identified pursuant to Section 52052. The Superintendent may also
solicit another county office of education to act as a partner to the
county office of education in need of technical assistance.

(b) Using an evaluation rubric adopted by the state board
pursuant to Section 52064.5, the Superintendent shall provide the
technical assistance described in subdivision (a) to any county
office of education that fails to begin delete improve pupil achievement in
regard to more than one state priority described in subdivision (d)
of Section 52066 end delete begin insert meet the standards for performance or
expectations for improvements across more than one key indicator,
as specified in paragraph (3) of subdivision (b) of Section 52053, end insert
for one or more pupil subgroups identified pursuant to Section
52052.

(c) Technical assistance provided pursuant to this section at the
request of a county board of education shall be paid for by the
county board of education receiving assistance.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 52072 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

52072.  

(a) The Superintendent may, with the approval of the
state board, identify school districts in need of intervention.

(b) The Superintendent shall only intervene in a school district
that meets both of the following criteria:

(1) The school district did not begin delete improve the outcomes end delete begin insert meet the
standards for performance or expectations for improvement end insert for
three or more pupil subgroups identified pursuant to Section 52052
or, if the school district has less than three pupil subgroups, all of
the school district’s pupil subgroups, in regard to more than one
begin delete state or local priority end delete begin insert key indicator specified in paragraph (3) of
subdivision (b) of Section 52053 end insert in three out of four consecutive
school years.

(2) The California Collaborative for Educational Excellence
has provided advice and assistance to the school district pursuant
to Section 52071 and submits either of the following findings to
the Superintendent:

(A) That the school district has failed, or is unable, to implement
the recommendations of the California Collaborative for
Educational Excellence.

(B) That the inadequate performance of the school district, based
upon an evaluation rubric adopted pursuant to Section 52064.5, is
either so persistent or acute as to require intervention by the
Superintendent.

(c) For school districts identified pursuant to subdivision (a),
the Superintendent may, with the approval of the state board, do
one or more of the following:

(1) Make changes to a local control and accountability plan
adopted by the governing board of the school district.

(2) Develop and impose a budget revision, in conjunction with
revisions to the local control and accountability plan, that the
Superintendent determines would allow the school district to
improve the outcomes for all pupil subgroups identified pursuant
to Section 52052 in regard to state and local priorities.

(3) Stay or rescind an action, if that action is not required by a
local collective bargaining agreement, that would prevent the
school district from improving outcomes for all pupil subgroups
identified pursuant to Section 52052 in regard to state or local
priorities.

(4) Appoint an academic trustee to exercise the powers and
authority specified in this section on his or her behalf.

(d) The Superintendent shall notify the county superintendent
of schools, the county board of education, the superintendent of
the school district, and the governing board of the school district
of any action by the state board to direct him or her to exercise
any of the powers and authorities specified in this section.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 52072.5 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

52072.5.  

(a) The Superintendent may, with the approval of
the state board, identify county offices of education in need of
intervention.

(b) The Superintendent shall only intervene in a county office
of education that meets both of the following criteria:

(1) The county office of education did not begin delete improve the outcomes end delete
begin insert meet the standards for performance or expectations for
improvement end insert for three or more pupil subgroups identified pursuant
to Section 52052 or, if the county office of education has less than
three pupil subgroups, all of the county office of education’s pupil
subgroups, in regard to more than one begin delete state or local priority end delete begin insert key
indicator specified in paragraph (3) of subdivision (b) of Section
52053 end insert in three out of four consecutive school years.

(2) The California Collaborative for Educational Excellence
has provided advice and assistance to the county office of education
pursuant to Section 52071.5 and submits either of the following
findings to the Superintendent:

(A) That the county office of education has failed, or is unable,
to implement the recommendations of the California Collaborative
for Educational Excellence.

(B) That the inadequate performance of the county office of
education, based upon an evaluation rubric adopted pursuant to
Section 52064.5, is either so persistent or acute as to require
intervention by the Superintendent.

(c) For county offices of education identified pursuant to
subdivision (a), the Superintendent may, with the approval of the
state board, do one or more of the following:

(1) Make changes to a local control and accountability plan
adopted by the county board of education.

(2) Develop and impose a budget revision, in conjunction with
revisions to the local control and accountability plan, that the
Superintendent determines would allow the county office of
education to improve the outcomes for all pupil subgroups
identified pursuant to Section 52052 in regard to state and local
priorities.

(3) Stay or rescind an action, if that action is not required by a
local collective bargaining agreement, that would prevent the
county office of education from improving outcomes for all pupil
subgroups identified pursuant to Section 52052 in regard to state
or local priorities.

(4) Appoint an academic trustee to exercise the powers and
authority specified in this section on his or her behalf.

(d) The Superintendent shall notify the county board of
education and the county superintendent of schools, in writing, of
any action by the state board to direct him or her to exercise any
of the powers and authorities specified in this section.

begin insert

begin insert SEC. 6. end insert   

end insert begin insert

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.

end insert