BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 2548            
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          |Author:    |Weber                                                |
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          |Version:   |May 27, 2016                             Hearing     |
          |           |Date:    June 29, 2016                               |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Lynn Lorber                                          |
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          Subject:  School accountability:  statewide accountability  
          system


            SUMMARY
          
          This bill requires the State Board of Education (SBE) to  
          establish state performance standards for key indicators and  
          adopt an accountability system for K-12 public schools that is  
          aligned to the requirements of federal law, relies upon data  
          from specified key indicators, and ensures the creation of a  
          data and reporting system that provides meaningful and  
          accessible information on school and school district  
          performance.

               BACKGROUND
          
          Existing state law:

             1)   Establishes the Local Control Funding Formula, requires  
               local educational agencies to adopt and annually update a  
               Local Control and Accountability Plan that includes a  
               description of:

                  a)        The annual goals, for all students and each  
                    subgroup, to be achieved for each of the state  
                    priorities and for any additional local priorities.

                  b)        The specific actions the school district or  
                    county office of education will take during each year  







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                    to achieve the goals, including any specific actions  
                    to correct any deficiencies in regard to the state  
                    priorities.  
                    (Education Code  42238, et seq.,  52060 and  52066)

             1)   Requires the SBE to adopt evaluation rubrics to assist:

                  a)        A school district, county office of education  
                    or charter school in evaluating its strengths,  
                    weaknesses, and areas that require improvement.

                  b)        A county superintendent of schools in  
                    identifying school districts and charter schools in  
                    need of technical assistance and the specific  
                    priorities upon which the technical assistance should  
                    be focused.

                  c)        The Superintendent of Public Instruction in  
                    identifying school districts for intervention.


             1)   Requires the State Board of Education (SBE) to adopt, as  
               part of the evaluation rubrics, standards for school  
               district and individual school performance and expectations  
               for improvement in regard to each of the state priorities.   

               (EC  52064.5)

          Existing federal law:

             1)   Establishes the federal Every Student Succeeds Act  
               (ESSA), which requires states to establish accountability  
               systems that include the following indicators:

                  a)        Proficiency in reading and math;

                  b)        Graduation rates for high schools;

                  c)        English language proficiency;

                  d)        For elementary and middle schools, student  
                    growth or another indicator that is valid, reliable,  
                    and statewide; and









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                  e)        At least one other indicator of school quality  
                    or success, such as measures of safety, student  
                    engagement, or educator engagement.

             2)   Requires the accountability system to have substantial  
               weights on indicators a) through d) and, in aggregate,  
               indicators a) through d) must have much greater weight than  
               indicator e).

             3)   Requires states, at least once every three years, to  
               identify the lowest performing 5% of Title I schools and  
               all high schools with a graduation rate that is below 67%  
               for comprehensive support.  (United States Code, Title 20,  
                6301, et seq.)

               ANALYSIS
          
          This bill requires the SBE to establish state performance  
          standards for key indicators and adopt an accountability system  
          for K-12 public schools that is aligned to the requirements of  
          federal law, relies upon data from specified key indicators, and  
          ensures the creation of a data and reporting system that  
          provides meaningful and accessible information on school and  
          school district performance.  Specifically, this bill:

          1)   Requires the SBE to adopt a statewide accountability  
               system, to ensure alignment and fidelity with the state  
               priorities and federal law, that does all of the following:

               a)        Satisfies the accountability system requirements  
                    of the federal Every Student Succeeds Act.

               b)        Aligns the state's local control framework, which  
                    is focused on identifying and supporting local  
                    educational agencies with the additional need to  
                    identify, support, and improve the highest need  
                    schools.  

               c)        Relies upon data from specified key indicators  
                    (see #2 below) established pursuant to the evaluation  
                    rubrics.

               d)        Provides the California Collaborative for  
                    Educational Excellence (CCEE), county superintendents  








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                    of schools, and the public with data to be used in a  
                    multi-tiered system of review and assistance.  

               e)        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.   

          Key indicators

          2)   Requires the key indicators for the accountability system  
               to include, if not already included by the State Board of  
               Education (SBE), all of the following:

          For elementary and middle schools

               a)        A measure of student achievement in at least  
                    English language arts, mathematics and science.

               b)        A measure of academic growth.  

               c)        A measure of progress toward English proficiency.  
                     

               d)        A measure of chronic absenteeism.

               e)        A measure of school climate.

          For high schools

               f)        A measure of student achievement in at least  
                    English language arts, mathematics and science.

               g)        A measure of graduation rates.

               h)        A measure of progress toward English proficiency.

               i)        A measure of college and career readiness.

               j)        A measure of chronic absenteeism.

               aa)       A measure of school climate.

          3)   Requires the academic indicators in a)-c) and f)-h) above  








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               to receive substantial weight and, in aggregate, much  
               greater weight than is afforded to all other indicators.

          4)   Requires the performance of subgroups to receive  
               substantial weight.

          5)   Provides that the SBE is not precluded 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.  

          6)   States legislative intent that the state will continue to  
               use the evaluation rubrics and all indicators identified as  
               state priorities and subgroups for purposes of continuous  
               improvement and to guide the provision of technical  
               assistance, support and intervention.

          Alignment of state and federal accountability

          7)   Requires the State Board of Education to 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 #2 for  
                    students overall and for each numerically significant  
                    subgroup.  

               b)        Establish a mechanism to meaningfully  
                    differentiate the performance of all public schools,  
                    to identify school districts and county offices of  
                    education for intervention by the Superintendent of  
                    Public Instruction on an annual basis based on  
                    outcomes for all students and for each subgroup using  
                    the key indicators (#2) 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, as  
                         specified.








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

                    iii)           Enable school districts, county offices  
                         of education, the California Department of  
                         Education, 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 i).

               c)        Comply with all notification, stakeholder  
                    engagement, school support, and improvement activities  
                    required by the federal Every Student Succeeds Act.

          8)   Requires the standards for improvement to be differentiated  
               by subgroup so that subgroups that start off at lower  
               performance levels make greater growth to achieve the  
               statewide standards.  

          Multiple levels of performance

          9)   Provides that the multiple level of performance includes  
               the identification of the following:


               a)        Not less than the lowest-performing 5% 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 students.

               b)        All schools in which any subgroup of students is  
                    consistently underperforming, as determined by the  
                    State Board of Education (SBE), based on all of the  
                    key indicators in #2 and the accountability system  
                    established pursuant to this bill.

               c)        All schools where any one subgroup of students,  
                    on its own, would lead that school to be in the lowest  
                    5% of schools for students overall.

          Technical assistance and intervention









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          10)  Requires the CCEE and county superintendents of schools, in  
               identifying appropriate assistance for a school or local  
               educational agency (LEA), to analyze data aligned with all  
               the state priorities in order to align the level of  
               support, collaboration, and intervention to the needs of  
               LEAs or individual schools.

          Digital dashboard

          11)  Requires that parents and the public have the ability to  
               easily access, compare, analyze, and summarize school  
               reports, student performance results, and the progress made  
               by schools and school districts in reaching all of the  
               state's Local Control Funding Formula and Local Control and  
               Accountability Plan priority areas.  

          12)  States legislative intent 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 students across  
               multiple measures, monitor academic achievement and  
               improvement, provide for meaningful differentiation, and  
               enable users to download data and reports in  
               machine-readable formats. 

           STAFF COMMENTS
          
          1)   Need for the bill.  According to the author, "In December  
               2015, the federal government adopted the Every Student  
               Succeeds Act (ESSA) which replaces the No Child Left Behind  
               Act (NCLB).  The California State Board of Education and  
               California Department of Education are developing  
               California's state accountability plan, which is slated to  
               be submitted to the United States Department of Education  
               as early as January 2017.  The plan must be approved by the  
               United States Department of Education in time to launch the  
               new TK-12 public education accountability system by the  
               2017-18 school year.  Absent legislation, the Local Control  
               Funding Formula's focus on targeting assistance to local  
               educational agencies based on all state priorities and  
               ESSA's need to focus assistance on individual schools based  
               on key indicators will result in a bifurcated system  
               sending mixed messages similar to the dueling state and  
               federal systems 








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               we had under No Child Left Behind Act.  California has an  
               opportunity to create a single, coherent  
               local-state-federal system of accountability and continuous  
               improvement for public education."

          2)   Status of the new accountability system.  The Local Control  
               Funding Formula (LCFF), among other things, requires school  
               districts and county offices of education to develop and  
               annually update a local control and accountability plan  
               that includes a description of the annual goals to be  
               achieved for each of the eight state priorities and a  
               description of the specific actions that will be taken to  
               achieve the identified goals of the district or county  
               office of education.  Pursuant to the LCFF, the State Board  
               of Education (SBE) is developing a new accountability  
               system that relies upon multiple measures (rather than  
               solely on test scores), and encompasses a system of  
               continuous improvement and support for schools.

          According to the SBE, the new accountability system will build  
               on the foundations of the LCFF, consisting of the local  
               control and accountability plan, the evaluation rubrics,  
               and the California Collaborative for Educational Excellence  
               support structure.  The SBE has taken several actions  
               related to the development of the new accountability  
               system; some notable recent actions include:

               a)        Approved a set of indicators that form the  
                    foundation for the new multiple measures  
                    accountability system:

                    i)             Student test scores and individual  
                         growth.

                    ii)            Progress of English learners toward  
                         English proficiency.

                    iii)           Graduation rates.

                    iv)            Measures of student engagement  
                         including suspension rates (and chronic absence  
                         when available at the state level).









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               b)        Directed staff to provide an update in July about  
                    the options for incorporating the following indicators  
                    into the evaluation rubrics:

                    i)             College and career readiness measures.

                    ii)            Local school climate surveys.

                    iii)           Composite measure of English learner  
                         proficiency, including English learner  
                         proficiency rates, reclassification rates, and  
                         long-term English learner rates.

               c)        Directed staff to prepare a recommendation for  
                    establishing standards for priority areas that are not  
                    addressed by the key indicators, and how those  
                    standards will be used to assess a local educational  
                    agencies eligibility for technical assistance and  
                    intervention:

                    i)             Appropriately assigned teachers, access  
                         to curriculum-aligned instructional materials,  
                         and safe, clean and functional facilities (state  
                         priority 1).

                    ii)            Implementation of state academic  
                         standards (state priority 2).

                    iii)           Parent engagement (state priority 3).

                    iv)            Access to a broad course of study  
                         (state priority 7).

                    v)             Outcomes in a broad course of study  
                         (state priority 8).

               d)        Approved a method for calculating performance as  
                    a combination of outcome and improvement, allowing  
                    performance to be differentiated at the school,  
                    district and county office of education levels as well  
                    as for student subgroups.

               This bill requires the State Board of Education (SBE) to  
               include key indicators that the SBE has already acted to  








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               include, and additional key indicators that the SBE only  
               recently directed its staff to provide options for  
               incorporating the additional indicators into the evaluation  
               rubrics.  The indicators that the SBE has approved reflect  
               those for which state-level data is available; local  
               educational agencies would be expected to also use local  
               indicators to ensure all state priorities are reflected.   
               The staff recommendations are to be presented to the SBE at  
               its July meeting.

          3)   Weight of key indicators.  This bill requires the following  
               key indicators to receive substantial weight and, in  
               aggregate, much greater weight than is afforded to all  
               other indicators, as is required by Every Student Succeeds  
               Act:

          All schools

               a)        A measure of student achievement in at least  
                    English language arts, mathematics, and science.

               b)        A measure of progress toward English proficiency.

          Elementary and middle schools

               c)        A measure of academic growth.

          High schools

          d)   A measure of graduation rates.

          The SBE has not yet taken action relative to weighting, as  
               federal regulations are still being developed.  Staff notes  
               that the LCFF does not include weighting requirements, as  
               technical assistance and intervention are based on a  
               priority-by-priority review.

          1)   Standards for performance and expectations for improvement.  
                The SBE approved a method for calculating performance as a  
               combination of outcome and improvement, allowing  
               performance to be differentiated at the school, district  
               and county office of education levels as well as for  
               student subgroups.  This bill requires the standards for  
               improvement to be differentiated by subgroup so that  








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               subgroups that start off at lower performance levels make  
               greater growth to achieve the statewide standards.  It  
               appears that the draft regulations to implement Every  
               Student Succeeds Act (ESSA) require a trajectory to meet a  
               goal, which could be interpreted as this bill proposes, or  
               that it is one of the available options.  This bill  
               codifies elements of ESSA, yet federal regulations are  
               still under development.  Is it prudent to codify  
               provisions that may change once federal regulations are  
               adopted?

          The SBE approved a method for calculating performance as a  
               combination of outcome and improvement.  The SBE has also  
               approved a methodology establishing five performance bands  
               for each state indicator.  According to the SBE, the  
               performance outcome can serve as a status measurement and  
               the performance improvement can measure changes in  
               performance over time.  This bill requires the SBE to adopt  
               a mechanism to meaningfully differentiate the performance  
               of all schools, including distinguish multiple levels of  
               performance.  The requirements of this bill may meet the  
               requirements of ESSA but it is unclear if the state system  
               of accountability will consist of multiple indicators of  
               performance or if it will produce a single rating or index  
               to reflect performance.  (See comment # 5.)

          2)   Remaining issue.  The emerging state system of school  
               accountability currently proposes to calculate performance  
               as a combination of outcome and improvement separately for  
               each indicator, while draft regulations to implement ESSA  
               require states to assign a single rating to each school.   
               This bill does not provide a resolution to this issue.   
               This bill requires the multiple levels of performance to  
               include identification of factors required by ESSA, such as  
               identification of the lowest-performing 5% of schools, and  
               schools with subgroups that consistently underperform.  The  
               draft federal regulations stipulate that the single school  
               rating is to be based on at least three levels of school  
               performance (a single summative rating using a combination  
               of performance on the specified indicators that has at  
               least three performance levels).  This bill may meet the  
               requirements of ESSA but it is unclear if the state system  
               of accountability will consist of multiple indicators of  
               performance or if it will produce a single rating or index  








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               to reflect performance.
          
          3)   Identification of schools for intervention.  This bill  
               requires the SBE to establish a mechanism to identify  
               school districts and county offices of education for  
               intervention by the SPI on an annual basis based on  
               outcomes for all students and for each subgroup using the  
               key indicators.  Staff recommends an amendment to require  
               the mechanism to also identify local educational agencies  
               for advice and assistance from the CCEE or the county  
               office of education.

          4)   Data dashboard.  This bill requires SBE to adopt an  
               accountability system that, among other things, 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.  The 2016 Budget Act includes funding  
               for the San Joaquin County Office of Education to develop a  
               data dashboard.  This bill becomes effective on January 1,  
               2017.  It is unclear if all of the data for these measures  
               will be available at the state level when this bill becomes  
               operative.   It is unclear if the data dashboard envisioned  
               by the State Board of Education (SBE) or the existing state  
               data system will meet the requirements of this bill (see  
               #7a).  

          5)   Fiscal impact.  According to the Assembly Appropriations  
               Committee, this bill imposes the following costs:

               a)        Unknown General Fund costs, potentially in the  
                    hundreds of thousands of dollars, for California  
                    Department of Education (CDE) to comply with the data  
                    components of this bill.  The current school data  
                    systems, California Longitudinal Pupil Achievement  
                    Data Systems and DataQuest, do not present data in  
                    formats required under the bill.  It is not clear if  
                    CDE would be able to adapt existing systems or if a  
                    new data system would need to be developed.  Either  
                    way, significant resources would be needed to present  
                    data in the manner prescribed in the bill. 

               b)        Unknown Proposition 98/General Fund cost  
                    pressures, in the millions of dollars, to the extent  








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                    this expanded accountability system identifies more  
                    school districts or school sites in need of state  
                    intervention and assistance. 

               SUPPORT
          
          Abriendo Puertas/Opening Doors
          Alliance for Boys and Men of Color
          Asian Americans Advancing Justice - California
          Black Parallel School Board
          California Alliance of African American Educators
          California Chamber of Commerce
          California Charter Schools Association Advocates
          California School-Based Health Alliance
          Camino Nuevo Charter Academy
          Cesar Chavez Foundation
          Center for leadership Equity and Research (CLEAR)
          Children Now
          Children's Defense Fund - California
          Coleman Advocates for Children and Youth
          College Board
          Congregations Organized for Prophetic Engagement
          Democrats for Education Reform
          Dolores Huerta Foundation
          Educate 78
          Education Trust-West
          Educators 4 Excellence
          EdVoice
          Equal Justice Society
          Families in Schools
          Fight Crime: Invest in Kids
          First 5 Santa Clara County
          Future Is Now
          Great Public Schools Now
          Half Moon Bay Brewing Company
          Innovate Public Schools
          KIDS' OWN WISDOM
          LA Voices
          Los Angeles Trust for Children's Health
          MISSION READINESS - MILITARY LEADERS FOR KIDS
          National Center for Youth Law
          Our Family Coalition
          Parent Revolution
          Partnership for Children & Youth








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          PICO California
          Public Counsel
          Raineth Housing
          Sacramento Area Congregations Together
          San Gabriel Valley Economic Partnership
          Stand Up
          Students for Education Reform
          Students Matter
          The GreenHouse
          United Way of Greater Los Angeles
          United Ways of California
          Women's Empowerment

               OPPOSITION
           
           California Teachers Association

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