BILL NUMBER: AB 2548 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 11, 2016
INTRODUCED BY Assembly Member Weber
FEBRUARY 19, 2016
An act to amend Sections 52071, 52071.5, 52072, and 52072.5
of, and to add Article 3 (commencing with Section 52053) to
Chapter 6.1 of Part 28 of Division 4 of Title 2 of
of, 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 (1)
satisfy the accountability requirements of specified federal
law, (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) rely upon data from key
indicators established by the evaluation rubrics adopted by the
state 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 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
bill would impose additional duties on local educational agency
officials, the bill would impose a state-mandated local program.
(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.
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.
(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.
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.
(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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(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: 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. (a) (1) It is the intent of the Legislature and
purpose of this article to do all of the following:
(A) Establish a coherent, aligned local-state-federal
accountability system that addresses state, local, parent, community,
and public needs, as well as federal requirements.
(B) Ensure ambitious, statewide standards for performance and
expectations for improvement that encourage continuous improvement
and the closure of opportunity and achievement gaps.
(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.
(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.
(b) For purposes of a statewide
accountability system and to ensure alignment and fidelity with the
state priorities established pursuant to Sections 52060
and 52066 and with federal law, the state board shall adopt a
statewide accountability system that does all of the following:
(a) (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).
(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.
(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:
(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.
(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:
(i) Distinguish multiple levels of performance for purposes of
continuous improvement, transparency, meaningful stakeholder
engagement, recognition, and support, including the identification of
the following:
(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.
(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.
(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.
(ii) Support parents and guardians in making informed school
decisions on behalf of their children.
(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).
(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).
(b)
(3) (A) Relies upon data from key
indicators established pursuant to the evaluation rubrics adopted by
the state board pursuant to Section 52064.5. 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:
(i) For elementary and middle schools:
(I) A measure of pupil achievement in at least English language
arts, mathematics, and science.
(II) A measure of academic growth.
(III) A measure of progress toward English proficiency.
(IV) A measure of chronic absenteeism.
(V) A measure of school climate.
(ii) For high schools:
(I) A measure of pupil achievement in at least English language
arts, mathematics, and science.
(II) A measure of graduation rates.
(III) A measure of progress toward English proficiency.
(IV) A measure of college and career readiness.
(V) A measure of chronic absenteeism.
(VI) A measure of school climate.
(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.
(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.
(D) For purposes of paragraph (2), performance of subgroups shall
receive substantial weight.
(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.
(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.
(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.
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.
SEC. 2. Section 52071 of the Education
Code is amended to read:
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 improve pupil achievement
across more than one state priority described in subdivision (d) of
Section 52060 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,
for one or more pupil subgroup subgroups
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.
SEC. 3. Section 52071.5 of the
Education Code is amended to read:
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 improve pupil achievement in regard
to more than one state priority described in subdivision (d) of
Section 52066 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,
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.
SEC. 4. Section 52 072 of the
Education Code is amended to read:
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 improve the outcomes
meet the standards for performance or expectations for
improvement 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 state or local priority
key indicator specified in paragraph (3) of subdivision (b) of
Section 52053 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.
SEC. 5. Section 52072.5 of the
Education Code is amended to read:
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 improve the
outcomes meet the standards for performance or
expectations for improvement 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
state or local priority key indicator
specified in paragraph (3) of subdivision (b) of Section 52053
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.
SEC. 6. 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.